NAND KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Ajay Kumar Thakur, learned counsel for the appellant, Shri Arun Kumar Jha who had appeared at the stage of the writ petition and Shri Raza Ahmad, learned Additional Advocate General - 5 for the State of Bihar.

(2.) This Five Judges Bench had to be constituted, as a Bench of Three Judges in this appeal by a majority have doubted the correctness of the earlier Three Judges Full Bench of this Court in the case of Ram Kishun Mandal and Anr. Vs. The State of Bihar and others reported in 1987 PLJR 291 . The said Full Bench judgment in the case of Ram Kishun Mandal (supra) was also delivered by a majority of 2:1 where one of the questions that arose was as to whether the Revenue Officer in terms of sub- sec. (3) of Sec. 103 A of the Bihar Tenancy Act, 1885 (hereinafter referred to as the Act) did have the inherent power to review his own decision till the final publication of the record of rights. The consideration was about the opinion expressed in the ratio of the Division Bench Judgment in the case of Devendra Prasad Gupta Vs. State of Bihar and Others (1977 PLJR 576) where it was held that the Revenue Officer can review his own order as well as revise any other order passed by any other Revenue Officer. The Full Bench answered the same in paragraph 15 and 16 of the judgment which is reproduced hereinunder:-

(3.) The aforesaid judgment was challenged by way of appeal and the Constitution Bench affirming the High Court in 1962 BLJR 385 (State of Bihar and another v. Ram Dayal Missir, etc.) held as under :-