LETTERS PATENT APPEAL No.757 OF 2004 Against the judgment and order dated 02.07.2004 passed in CWJC. No.3287 of 2000 ----------- 1. CHANDRA NARAIN RAI 2. RAMESHWAR RAI SONS OF LATE DAROGA RAI, ALL R/O VILLAGE-LOHANIPATTI, P.S.PATEPUR, DISTT-VAISHALI …….Appellants. Versus 1. THE STATE OF BIHAR 2. Deputy Director of Consolidastion, (HQ), Bihar, Patna 3. Deputy Director of Consolidastion, Vaishali at Hajipur 4. Consolidation officer, Patepur Anchal, Dist-Vaishali 5. Sone Lal Rai 6. Ram Pratap Rai s/o Paltan Rai, both r/o village-Lohanipatti, P.O.Malpur, P.S.Patepur, Distt-Vaishali……..Writ petitioners…..(Respondents) 7. Ram Chandra Rai, s/o late Sarjug Rai 8. Sita Devi 9. Sarbat Devi 10. Radha Devi daughters of late Sarjug Rai 11. Ram Bilas Rai s/o late Paltan Rai, All residents of village, Lohanipatti, P.O.Malpur, P.S.Patepur, Distt- Vaishali…………...Respondents…………………….……Respondents. ----------- For appellants:- Mr. Mahesh Prasad-2, Advocate Mr. Rewti Kant Raman, Advocate For State:- Mr. Shashi Bhushan Kumar, SC-16 For Private Respondents:- Mr. Naresh Chandra Verma, Adv Mr. A.K. Lal, Adv. ----------- P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH T. Meena Kumari & Shiva Kirti Singh, JJ. Heard the parties. 2. The prayer for substitution made through I.A. 2 No.9808/2010 is allowed. Let the heirs of deceased appellant no.1, Chandra Narain Rai as described in the I.A. be substituted in his place. 3. On merits the counsel for the appellants has made a frontal attack on the observation made in paragraph-2 of the order under appeal by which it was held by the learned single Judge that revisional powers can be delegated to a functionary not below the rank of Joint Director. By referring to the provisions of Section 34(2) and to a Division Bench judgment of this Court in the case of Krishna Singh Vs. Deputy Director of Consolidation, 2008(4) PLJR 63, it was submitted that the law provides for the delegation of powers of Director of Consolidation with sanction of the State Government to any officer not below the rank of Deputy Collector and in that view of the matter the Division Bench has held that there was delegation on 4th September 1997 made with the sanction of the State in favour of Deputy Director of Consolidation to exercise the power of revision. 4. No other provision of law or judgment taking a contrary view was brought to our notice by counsels appearing for the respondents. Hence following the aforesaid Division Bench judgment, it is held that the revisional order dated 10.03.2000 contained in Annexure-2 to the writ petition passed by learned 3 Deputy Director of Consolidation, Bihar, Patna cannot be faulted on account of jurisdiction. 5. Since the learned single Judge set aside the revisional order and remanded the matter to the Director of Consolidation only on the ground of lack of jurisdiction in the Deputy Director to act as revisional authority, the order under appeal is set aside and the matter is remitted back to the writ Court to hear the parties afresh and pass any appropriate judgment or order. The appeal is allowed to the aforesaid extent. No cost. 6. Since the matter relates to a writ petition filed in the year 2000, let the writ petition be now listed before appropriate Bench after three weeks amongst first ten cases. Patna High Court November 25th 2010 Md. Perwez Alam. (T. Meena Kumari, J.) ( Shiva Kirti Singh, J.)