Samsuddin Mian vs The State Of Bihar & Ors on 23 June, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.19224 of 2010
                                SAMSUDDIN MIAN
                                       Versus
                           THE STATE OF BIHAR & ORS
                                     -----------

3 23.6.2011 The petitioner challenges the order passed by the

Additional Collector, West Champaran, Bettiah, by which he has

reversed the order of D.C.L.R., Narkatiaganj exercising

jurisdiction under Section 16 of the Bihar Tenants’ Holdings

(Maintenance of Records) Act, 1973. It is submitted that Section

16 of the Act provides for revision before the Collector

(Collector of the district) and it is submitted that once the

legislature has so provided, by any notification issued with

reference to Section 2 (C), which defines the Collector, the State

cannot confer this power or designate any other person as a

Collector of the district.

Be that as it may, it is pointed out that as this matter is

now pending before the Division Bench in large number of cases

including CWJC No.7558 of 2010 and analogous cases, list this

case along with CWJC No. 7558 of 2010 to be placed before the

Division Bench.

In the meantime, issue notice to respondent no.6 by

registered post and ordinary process for which requisites etc.

must be filed within a week.

State may file a counter affidavit in the meantime and

also bring on record the gazette notification issued with

reference to Section 2(C) of the Act.

2

Petitioner to file extra copy of the brief for use before

the Division bench within one week.

Singh                           ( Navaniti Prasad Singh, J.)