- (1.) Heard Mr. Ananda Sen, learned counsel appearing for the petitioner. Nobody appears on behalf of the respondents. The petitioner has challenged the orders, contained in Annexure-7 and 8, i.e. the order dated 04/06/2002, passed by the Deputy Commissioner, Lohardaga as well as the order dated 09/09/2002 passed by the learned Commissioner, whereby the prayer of the petitioner for reviewing the order dated 03/09/2001, passed by the Deputy Commissioner, was rejected.
(2.) From the impugned order dated 04/06/2002, passed by the Deputy Commissioner, it appears that he has rejected the petition for review only on the ground that the order which was sought to be reviewed was passed by his predecessor and, therefore, he can not hear the review application.
(3.) In my view, the order passed by the Deputy Commissioner is apparently erroneous in view of the specific provisions of review made under Section 13 of the Bihar Public Land Encroachment Act, 1956, which provides that any order passed under this act, may after giving the parties reasonable opportunity of being heard, be reviewed by the officer, made the order, or by his successor-in-office on account of any mistake or error in the course of any proceeding under this Act.;