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2018 DIGILAW 597 (JHR)

Neela Devi Wife of Sri. Prabhat Kumar v. State of Jharkhand

2018-03-14

ANUBHA RAWAT CHOUDHARY

body2018
ORDER : Heard Mr. Vikash Kishore, counsel appearing on behalf of the petitioner. 2. Heard Mr. Ashish Kumar Thakur, Associate counsel to Standing counsel (Land & Ceiling) appearing on behalf of the respondent-State. 3. Nobody appears on behalf of the private respondents. 4. This writ petition has been filed by the petitioner challenging the order dated 28.12.2005 passed by the Additional Collector at Giridih in Miscellaneous Revision Case Nos. 3/2000-2001, 22/2001-2002 and 5/2003-2004 whereby and where under the Additional Collector at Giridih had set-aside the order passed by Land Reforms Deputy Collector at Giridih dated 26.11.2000 in purported exercise of powers under Section 16 of Bihar Tenant's Holdings (Maintenance of Records) Act, 1973. 5. Counsel for the petitioner submits that the impugned order which has been passed by the Additional Collector at Giridih is wholly without jurisdiction in as much as the said authority has no power to exercise the power of revision under Section 16 of Bihar Tenant's Holdings (Maintenance of Records) Act, 1973. 6. Counsel for the petitioner further submits that the power of revision is specifically conferred upon the Collector. It is submitted that in view of specific provisions of Bihar Tenant's Holdings (Maintenance of Records) Act, 1973, particularly Section 2(c) read with Section 16, the revision lies before the Collector. The term Collector has been defined under Section 2(c) of the said Act which includes an Additional Deputy Collector and other officer not below the rank of Deputy Collector especially empowered by the State Government to discharge all or any of the function of the Collector under the Act. He submits that in the instant case, the Additional Collector, Giridih was never empowered to exercise the power of revision under Section 16 of the aforesaid Act and accordingly, the impugned order is wholly without jurisdiction. 7. The counsel for the petitioner has relied upon the judgment reported in 2010 (1) JCR 440 and submits that under similar circumstances, this Hon'ble Court has been pleased to hold that the Additional Collector has no power to exercise powers of revision under Section 16 of the aforesaid Act. 8. Counsel for the respondent-State has not disputed the legal proposition so far as the power of Additional Collector is concerned. 8. Counsel for the respondent-State has not disputed the legal proposition so far as the power of Additional Collector is concerned. However, he submits that even the impugned order is held to be without jurisdiction, the right of the private parties to pursue their remedy by filing of proper application before the Collector cannot be taken away. 9. After hearing the counsel for the petitioner and the respondent-State in absence of the counsel appearing on behalf of the private respondents, this Court is inclined to set-aside the order dated 28.12.2005 passed by the Additional Collector at Giridih in Miscellaneous Revision Case Nos. 3/2000-2001, 22/2001-2002 and 5/2003-2004 being wholly without jurisdiction in view of the law laid down by this Hon'ble Court in the judgment reported in 2010 (1) JCR 440. 10. However, since the impugned order passed by the Additional Collector is held to be without jurisdiction, the private respondents herein shall have the liberty to assail the order which was impugned before the Additional Collector, Giridih by filing appropriate petition before appropriate authority in accordance with law. 11. The writ petition is allowed with the aforesaid liberty to the private respondents.