IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15442 of 2007 BINDESHWAR PANJIYAR Versus THE STATE OF BIHAR & ORS ----------- 2. 31.7.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has come to this Court against the order dated 8.10.2007 passed by the Collector, Madhubani in Case No. 11 of 2007-08. The only ground for dismissal of the appeal is that the appeal has been filed under wrong provision of law, namely, under Clause 11 of the Bihar P.D.S. (Control) Order, 2001. As a matter of fact the original order having been passed in exercise of power by the S.D.O. as the licensing authority under Clause 11 of the Bihar Trade Articles ( Licences Unification) Order, 1984, the correct provision under which the appeal should have been filed would be under Clause 28 of the said Order. It is a settled proposition of law that an authority which has been conferred with a power under Statute or Statutory Rules can exercise that power and mere quoting of wrong provision of law does not deprive the authority from exercising such power nor the order passed by such competent authority can be considered illegal only on the ground of ostensibly acting under a wrong provision of law. In the present matter, the appellate authority having noticed the wrong provision in the memo of appeal ought to have directed the petitioner to correct the same and then proceeded in the matter by hearing the appeal exercising his power under Clause 28 of the 2 B.T.A. ( L.U.) Order, 1984. The same not having been done, the order in question suffers from failure to exercise a jurisdiction vested in the Collector under the law. For the aforesaid reasons the writ application is allowed. The impugned order dated 8.10.2007 is quashed and the matter is remanded to the Collector, Madhubani to hear the appeal filed by the petitioner treating the same as having been filed under Clause 28 of the Bihar Trade Articles (Licences Unification) Order, 1984 after directing the appropriate correction to be made in the memo of appeal. VPS ( Ramesh Kumar Datta,J.)