MD. MAZID @ ABDUL MAJID QURASHI AND ORS. Vs. THE STATE OF JHARKHAND,
LAWS(JHAR)-2010-2-121
HIGH COURT OF JHARKHAND
Decided on February 23,2010

Md. Mazid @ Abdul Majid Qurashi And Ors. Appellant
VERSUS
The State Of Jharkhand, Respondents

JUDGEMENT

Sushil Harkauli, J. - (1.) I have heard the learned Counsel for the petitioners.
(2.) A letter was saint by the Government Pleader, Hazaribagh to the Deputy Commissioner, Hazaribagh alleging that the Land Reforms Deputy Collector has passed an erroneous order and that it was a fit case for filing revision against that order and accordingly seeking advice of the Deputy Commissioner. On the basis of this letter Deputy Commissioner, Hazaribagh started revisional proceedings under Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973. The petitioner has challenged these proceedings on the ground that unless a proper revision is filed before the Deputy Commissioner, these proceedings could not have been initiated or continued.
(3.) SECTION 16 of the said Act is reproduced below for ready reference: 16. Revision - The Collector of the district may, on an application made to him in this behalf or for the purpose of satisfying himself as to the legality or propriety of any order made under this Act or the rules made thereunder by any authority or officer call for and examine the record of any case pending before or disposed of by such authority or officer and pass such order as he thinks fit: Provided that the Collector shall not entertain any application from any person, aggrieved by any order, unless it is made within thirty days from the date of the order; Provided further that no order modifying, altering, or setting aside, any order made by such authority or officer shall be pissed by the Collector unless the parties concerned have been given a reasonable opportunity of being heard. ....;


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