Dharikshan Sah vs The State of Bihar and Others

V.N. Sinha, J.

Heard learned counsel for the petitioner, the State and the counsel for private Respondent Nos. 5, 6, 9, 13 to 16, the parcha holders.

Petitioner is the land holder. He has filed this writ petition assailing the order of the Collector of the district East Champaran at Motihari dated 06.06.1995 passed in Revenue Appeal No. 37 of 1994-95, Annexure-14 whereunder learned Collector of the District proceeded to set aside the order dated 07.06.1994 passed in the same revenue case by the Additional Collector reopening the ceiling proceedings under Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (hereinafter referred to as the Act).

It is submitted on behalf of the petitioner that once the Additional Collector of the district, who is also Collector under the Act passed order dated 07.06.1994 reopening ceiling proceedings, the Collector of the district had no jurisdiction as it was the Collector of the district who considered the petition for reopening and admitted the same for hearing and then transferred the petition to Additional Collector whereafter order dated 07.06.1994 was passed and in this background Collector of the district had no jurisdiction to sit in appeal over order dated 07.06.1994 passed by Additional Collector, also Collector under the Act and pass order dated 06.06.1994, Annexure-14.

It is submitted on behalf of the State and the private respondents that order of the Additional Collector dated 07.06.1994 reopening the ceiling proceedings is wholly without jurisdiction as in terms of Section 45B of the Act, it is only the Collector of the district who is authorized by the Government to consider reopening the ceiling proceedings.

Collector of the district having admitted the petition filed under Section 45B of the Act could not have transferred the same to the Additional Collector, as Additional Collector of the district is not authorized to entertain the same. In any case, if the Collector of the district was aggrieved by the order dated 07.06.1994 passed by the Additional Collector, he ought to have challenged the same by instructing the Revenue Authorities serving under him to file appeal against the order dated 07.06.1994 passed by the Additional Collector before the appropriate forum, but in no case he could have sat in appeal over the same.

In the circumstance, I have no option, but to set aside the order dated 06.06.1995, Annexure-14 passed by the Collector of the district and remit back the matter to the Additional Collector to hear the landholder, if he is alive, otherwise his heirs and the private respondents referred to above and then pass appropriate final order in the matter in accordance with law.

The writ petition is, accordingly, allowed.