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2005 DIGILAW 173 (PAT)

Dulari Devi v. State Of Bihar

2005-02-17

MRIDULA MISHRA

body2005
Judgment 1. Heard learned counsel for the petitioner, respondent no. 9 and the counsel appearing for the State. 2. The petitioner has filed this application for quashing the orders contained in Annexures-4, 5 and 8. The order dated 24.8.2001 (Annexure-8) has been passed by the Additional Collector, Aurangabad in Misc. Case No. 12/1999-2000/182/2001, in exercise of the revisional jurisdiction under section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973. 3. Without going into the facts of the case, the order contained in Annexure-8 is quashed as Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 confers revisional jurisdiction only to the Collector of the district and not to the Additional Collector and the order passed by the Additional Collector in exercise of the revisional jurisdiction is without jurisdiction. 4. Since in the present case the revision was filed before the Additional Collector only, therefore, the case cannot be remanded to an authority having no jurisdiction. The respondents, if so advised, may prefer revision application before the appropriate forum who will decide it in accordance with law and also look into the matter on the point of limitation. This application is accordingly allowed.