R.K. Merathia, J. - (1.) HEARD .
(2.) PRAYER for mutation made by respondent No. 2 - Bhagwati Devi was allowed by the Circle Officer, Jamshedpur vide Mutation Case No. 382 of 1996 -97 by order dated 16.3,1999 against which petitioner preferred an appeal being Mutation Appeal No. 8 of 2000 -01 before Land Reforms Deputy Collector (L.R.D.C.) which was dismissed by order dated 27.11.2002 against which the petitioner preferred a revision being Mutation Revision No. 57 of 2002 -03 before the Additional Deputy Collector which was allowed on 2.2.2006. Against that order, respondent No. 2 preferred revision before the Commissioner being Mutation Revision No. 6 of 2006 which was allowed by the impugned order dated 6.7.2006. Mr. Anil Kumar Sinha, learned senior counsel appearing for the petitioner referring to the definition of 'Collector' in Section 2(c) read with Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (hereinafter referred to as the 'Act') submitted that Section 16 refers to 'Collector' defined in Section 2(c) of the Act. He further submitted that in the latter part of Section 16 also only 'Collector' has been used. Therefore, he submitted that second revision by the respondent No. 2 before the Commissioner was barred and accordingly, the impugned order dated 6.7.2006 passed in Mutation Revision No. 6 of 2006 should be set aside. He relied on Full Bench judgment reported in : 1986 PLJR 1057 Ram Chandra Ram v. Commissioner North Chotanagpur and Ors. He further submitted that if the order passed in Revision No. 57 of 2002 -03 by Additional Deputy Collector, was without jurisdiction, the respondent No. 2 could have challenged it. Moreover, he submitted that respondent No. 2 nowhere said that Additional Deputy Commissioner was not empowered by the notification of the Government to hear revision under Section 16.
(3.) MR . P.K. Prasad, learned senior counsel appearing for the respondent No. 2 submitted that Section 16 of the Act refers to the 'Collector of district' and the 'Collector' used in Section 16 in the latter part will only mean the 'Collector of district', and therefore the order passed in Mutation Revision No. 57 of 2002 -03 by the Additional Deputy Commissioner was without jurisdiction.;