SHIV SHANKAR SINGH MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder the Sub Divisional Officer, Khunti vide order dated 23.09.2017, by assuming the jurisdiction of the revenue authority has exercised the power of the revenue authority by quashing the order passed by the competent authority of creation of jamabandi i.e., of an order passed by the Circle Officer in a proceeding initiated in Misc. Case No.01 of 2014-15.

(2.) Mr. A.K. Sahani, learned counsel for the petitioner has submitted that the order of creation of mutation has been passed by the Circle Officer as per the provision made under Section 14 of Bihar Tenants Holding (Maintenance of Records) Act, 1973 wherein the order has been passed in favour of the petitioner but the respondents have questioned the aforesaid order by filing an appeal before the Deputy Collector Land Reforms, Khunti who has forwarded the matter before the Sub-Divisional Officer, Khunti and passed an order in Misc. Case No.M-03/2016-17 by quashing the order passed by the Circle Officer in Misc. Case No.01/2014-15.

(3.) According to Mr. Sahani, learned counsel for the petitioner under the Act, 1973, the Sub-Divisional Officer has not been vested with the power to exercise the power of the revenue authority and therefore, the Deputy Collector Land Reforms, Khunti ought to have adjudicated the dispute instead of forwarding the records before the Sub-Divisional Officer, Khunti who has assumed the power of the appellate authority which cannot be said to be in consonance with the provision of Act, 1973 and hence, the same is not sustainable.