Ram Shankar Rai @ Shankar Rai and Others vs The State of Bihar and Others

In this Letters Patent Appeal the challenge is against the order of the learned Single Judge dated 27.4.2006 in C.W.J.C. No. 4631 of 2000 on the premise that the order remitting the matter to the Director of Consolidation for fresh decision in accordance with law is not legal and permissible as the matter was decided by the Deputy Director of Consolidation. It is, in short, submitted that as the revisional order under challenge came to be recorded by the Deputy Director of Consolidation, the matter ought to have been sent to him. Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Act) provides for revision and reference. The Director of Consolidation is the authority u/s 35 of the Act. However, the Director of Consolidation can, also, depute or delegate power to the Joint Director or Deputy Director of Consolidation.

It appears that the grievance is that the matter should be reheard by the same authority which had heard the revision earlier. We find no objection in this. Accordingly, the impugned order shall stand modified to the aforesaid extent. This Letters Patent Appeal therefore, shall stand disposed of with the aforesaid modification.