RAJENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was filed on 5.6.2000. This Court by order dated 26.6.2000 allowed four weeks time to the learned Standing Counsel to seek instruction and file counter affidavit. Again the matter was listed on 20.11.2001 and on that day, by way of last indulgence, ten days more time was allowed to the State but till date no counter affidavit has been filed. Hence this Court has no option but to dispose of this writ application on the basis of averments made therein.

(2.) THIS writ application is directed against the order dt. 11.4.2000, passed by the respondent No. 2, the Deputy Commissioner, Dhanbad in Misc. Review Appeal No. 4/1997 whereby he has decided to review the order passed by the Additional Collector, Dhanbad in BPLE Appeal No. 59/1996.

(3.) MR . P.K. Prasad, learned counsel appearing for the petitioner, assailed the impugned order passed by the Deputy Commissioner as being illegal and wholly without Jurisdiction. Learned counsel submitted that the appellate power having been exercised by the Additional Collector in an appeal filed by the respondent - State, the Deputy Commissioner has no jurisdiction either to entertain a second appeal or to entertain the said appeal by way of review. I find force in the submission of the leaned counsel.