SURJI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioners have challenged the order dated 5th May, 2001. passed by the Additional Collector. Deoghar. under Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act. 1973 for short Act, 1973 in R.M. Appeal No. 29 of 1998 -99, whereby and whereunder, he affirmed the order dated 26th December, 1998, passed by the Land Reforms Deputy Collector, Madhupur (respondent No. 4) in Mutation Appeal No. 2 of 1998 -99 and the order dated 29th June. 1998. passed by the Circle Officer. Madhupur (respondent No. 5) in Mutation Case No. 42 of 1998 -99.

(2.) ACCORDING to the counsel for the respondents. Section 2(c) of the Act, 1973 defines Collector, which also includes Additional Collector. However, such submission can not be accepted as the power of revision has been vested with the District Collector under Section 16 of the Act and not to any other Collector as defined under Section 2(c) of the Act.

(3.) ONE Sarat Chandra Mitra is the son of Sueat Lal Mitra. Said Sarat Chandra Mitra had three sons, namely. Dr. Subodh Chandra Mitra. Sushil Chandra Mitra and Sudhir Chandra Mitra. Dr. Subodh Chandra Mitra died issueless. leaving behind the widow Jamuna Rani Mitra whereas Sudhir Chandra Mitra died unmarried. The third brother Sushil Chandra Mitra had two sons, namely. Subir Chandra Mitra and Dr. Subrata Chandra Mitra who are respondents Nos. 6 and 7 in this case.