VIJAY KUMAR GUPTA Vs. ABDUL MAJID

JUDGEMENT

(1.) The appellant is aggrieved of the order dated 28.08.2017 passed in W.P.(C) No. 1320 of 2009 by which the order dated 01.02.2002 passed by the Sub-Divisional Officer, Ramgarh in Doubtful Jamabandi Case No. 16/2001-02 has been quashed by the writ Court.

(2.) In the Doubtful Jamabandi case, the Sub-Divisional Officer has held that the order passed by the Circle Officer, Ramgarh regularising Jamabandi in favour of Md. Ismail, Sheikh Pannu etc. was illegal.

(3.) Before the writ Court two fold contentions were raised by the writ petitioner; (i) the order dated 01.02.2002 was passed, on an application of the respondent no. 3 (who is the appellant before us) seeking review of the order dated 18.09.1995, by exercising a power which is not vested in the Sub-Divisional Officer, Ramgarh under the Bihar Tenant's Holding (Maintenance of Records) Act 1973, and (ii) the Sub-Divisional Officer has no jurisdiction to interfere with the order dated 18.09.1995 passed by the Circle Officer in Case No. 27 of 1995-96.