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1980 DIGILAW 51 (PAT)

Lakshmi Prasad Sharma v. State of Bihar

1980-02-28

B.P.JHA, M.P.VARMA

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By Court The main Question for consideration in this writ petition is : Whether the Board of Revenue has jurisdiction to review any order passed by it? The answer must be given in affirmative in view of section 6 of the Bihar and Orissa Board of Revenue Act, 1913. It is relevant to quote section 6 aforesaid which runs as follows : "6 Review of orders by Board- (1) Any person considering himself aggrieved by any order of the Board of Revenue may apply to the Board for a review of the same and, if the board considers there are sufficient reasons for so doing in may review the order and pass such further order as it thinks fit. (2) Every application under-sub-section (1) for a review of any order must be made within a period of three months from the date of the order" : 2. This matter arises out a pre-emption case filed under section 16 (3) of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition Surplus Land) Act, 1961 (hereinafter referred to as ‘the Act’). The Board heard the revision petition filed under the Act, and the revision petition was dismissed vide Annexure 4. The order contained in Annexure 4 was reviewed by the Member, Board of Revenue vide Annexure 5. 3. Learned counsel for the petitioner contend that the Board has no jurisdiction to review its own order as it is not vested with such power under the provisions of the Act. It is correct that the Board has not been vested with the powers of review under the provisions of the Act, but the Board has been vested with the powers to review its own Order under section 6 of the Bihar and Orissa Board or Revenue Act, 1913. We, therefore, hold that the Board has been vested with the powers to review its own order by virtue of section 6 of the Bihar and Orissa Board of Revenue Act, 1913. But so far as the authorities under the Act, are concerned, namely, the Land Reforms Deputy Collector or the appellate authority, they have not been vested with the powers of review and as such they cannot review their orders. In our opinion, certainly the Board can review its own order by virtue of section 6 of the Bihar and Orissa Board of Revenue Act, 1913. In our opinion, certainly the Board can review its own order by virtue of section 6 of the Bihar and Orissa Board of Revenue Act, 1913. We, therefore, uphold the order contained in Annexure 5. 4. In the result, the petition is dismissed. The parties shall bear their own costs. Application Dismissed.