LAWS(PAT)-2005-1-63

MUKHTAR ANSARI Vs. STATE

Decided On January 14, 2005
MUKHTAR ANSARI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioners, counsel for the State and the counsel appearing for the respondents nos. 5 and 6.

(2.) PETITIONERS are aggrieved by order dated 5.1.2001, passed by the Additional Collector, West Champaran in Mutation Revision No. 229 of 1999. -2000. By this order the order of the Deputy Collector, Land Reforms dated 15.7.1999, passed in Appeal No. 10/98 -99 and the order of the Anchal Adhikari dated 22.1.1998 passed in Mutation Case No. 756 to 771 of 1997. -98 has been set aside.

(3.) THE Petitioners have challenged the order of the Additional Collector in Mutation revision on the ground that under Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 confers revisional power only on the Collector of District and the Addl. Collector has no power to hear and decide a revision petition. In the present case the revision application was preferred by the respondents before the Additional Collector as such the impugned order is illegal and without jurisdiction. The petitioner has relied upon a decision in the case of Shankar Shukla V/s. State of Bihar and Ors. [2000(3) P.L.J.R. 839].