Niranjan Singh v. State of Bihar
(2009) 1 PLJR 477
Case Summary
Facts
The dispute concerns the fixation of rent for agricultural lands in Khata Nos. 7 and 8. The petitioner claims ownership of the land based on succession after the land was auctioned in 1929-30 and later transferred by registered sale deed in 1951. The petitioner has been in continuous possession and cultivation of the land.
Respondent Nos. 6-8, through their father Bhuwan Gope, applied to the Anchal Adhikari, Paraiya, on 26.12.1998 for rent fixation regarding the lands. The Deputy Collector, Land Reforms, Tekari, fixed the rent at Rs. 25/- per acre in favor of Bhuwan Gope. The petitioner appealed this decision under Section 8 of the Bihar Land Reforms Act, 1950, resulting in the Additional Collector setting aside the original order and directing that rent be fixed in favor of the petitioner.
Bhuwan Gope challenged the Additional Collector's decision before the Collector, who, after hearing the matter, remitted the case back to the Additional Collector for fresh determination.
Issues:
1. Jurisdiction of the Collector in Rent Fixation Proceedings:Whether the Collector had the jurisdiction to interfere with the appellate order passed by the Additional Collector under Section 8 of the Bihar Land Reforms Act.
2. Applicability of Section 4(hh) of the Bihar Land Reforms Act:Whether Section 4(hh), which grants the Collector authority over certain rent-related matters, applies to this case.
3. Finality of the Appellate Order Passed by the Additional Collector:Whether the Additional Collector's order in rent fixation is final, and whether the Collector had the authority to revise or interfere with it.
Judgement
Jurisdiction of the Collector:The Additional Collector's order was judicial in nature, having been passed after due consideration of the parties' claims. The Bihar Land Reforms Act and its rules do not provide for any revision of the appellate order passed by the Additional Collector. The Collector, therefore, had no jurisdiction to interfere with or remit the matter back to the Additional Collector.
Applicability of Section 4(hh):The Court found that Section 4(hh) of the Bihar Land Reforms Act, which empowers the Collector to make inquiries about rent reductions or remissions, does not apply in this case. This provision is intended for specific cases of remission or reduction of rents by outgoing intermediaries, which was not the issue in this case.
Finality of the Appellate Order:The Court referred to the case Shaikh Gajar v. The State of Bihar (1986 BLJR 45), which established that once an appellate order is passed under Section 8 of the Act, no revision lies against it. The authority cited by the respondents regarding the Collector's powers under Section 4(hh) was deemed inapplicable.
-Gayatri.
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