LAL MOHAR CHOUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants, learned counsel for the State of Bihar and learned counsel for the private respondents.

(2.) The judgment under appeal has set aside the order dated 31.3.2000 passed by the Deputy Director of Consolidation, Rohtas in Revision Case No. 99 of 1997, which in its turn had set aside the order dated 14.1.1997 passed by the Assistant Director of Consolidation in Appeal No. 14 of 1989-90.

(3.) The short ground on which the writ petition was came to be allowed was that under Section 34 (2) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as the Act), the revisional power conferred on the Director of Consolidation could not be delegated to an Officer below rank of Joint Director of Consolidation. Thus the conclusion that the order passed by the Deputy Director, Sub-ordinate in the rank to the Joint Director was without jurisdiction and the consequent order of remand to the Director of Consolidation for disposal in accordance with law by an authority not below the rank of Joint Director.