RAMOTAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) AS in both these writ petitions, the question involved is common, they have been heard and are being finally disposed of together after due service of notice to the Respondents.

(2.) IN short, the relevant facts are that in both the writ petitions petitioners are aggrieved by the order passed by the Deputy Director, Consolidation, purvey and Deputy Director, Consolidation (Headquarters), Bihar, Patna in Revision Case No. 31/98 and 332/96 prospectively in purported exercise of the power under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, hereinafter referred to as 'the Act '. In both the writ petitions respective revisions were filed against the order of the Deputy Director, Consolidation, Saharsa and Vaishali passed in the respective appeals. First one preferred by the concerned Respondents and the second one preferred by the petitioner, which were finally heard and disposed of by the Deputy Director, Consolidation as already mentioned above charge all or ant of the function of the director,consolidation under the said act.

(3.) COUNTER affidavits on behalf of Respondents have been filed in the first case including on behalf of Deputy Director, Consolidation, purvey (Respondent no.2), which on being authorised has been sworn by the Incharge Officer (Legal Section), Consolidation Directorate, Patna, on the specific point as to whether the Deputy Director, Consolidation is empowered to act under Section 35 of the act. In paragraph 4 of the said counter affidavit it is stated that the Deputy Director of Consolidation has been duly delegated with the powers and functions under Section 35 of the Act with the sanction of the State Government vide notification no. 858 dated 4.9.1997. A photostat copy of the said notification has been annexed as Annexure -A. According to the stand taken in the said affidavit, Director of Consolidation may with the sanction of the State Government delegate any of its power and functions under the Act to any of the Officer not below the rank of Deputy Collector as provided under Section 34 of the Act.