IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2187 of 2002 RAMIKBAL ROY & ORS Versus THE STATE OF BIHAR & ORS ----------- 03. 06.05.2010 Heard learned counsel for the petitioner and the State. The question of law for consideration has been adequately noticed in the order dated 13.02.2002 as to whether the Deputy Director could be delegated with power of revision under Section 35 of the Act by the Director. That question stands squarely answered by Division Bench of this Court in L.P.A. No. 702 of 2000 holding as follows at paragraph No. 6. “Sub-section (2) of section 34 of the Act in no uncertain terms authorizes the Director of Consolidation, with the sanction of the State, to delegate any of his powers or functions under the Act to any officer not below the rank of Deputy Collector. Therefore, by exercise of the power of delegation vested in the Director of Consolidation under Sub-Section (2) of section 34 of the Act, the Director of Consolidation may, with the sanction of the State, delegate his power of revision also to any officer not below the rank of a Deputy Collector. By virtue of the definition given in sub-section (4a) of Section 2 of the Act, Deputy Director of 2 Consolidation can not be an officer below the rank of Additional District Collector and the rank of Additional District Collector is not below the rank of deputy collector. There was, therefore, no difficulty on the part of the Director of Consolidation to delegate his power of revision to the Deputy Director of Consolidation, provided, however, he had in fact made such delegation. For that purpose, we wanted to ascertain whether, in fact, any such delegation was made. We find from Annexure-A to the counter affidavit filed by the State that on 4th September, 1997 the Director of Consolidation, with the sanction of the State, delegated the power of revision to the Deputy Director of Consolidation, Sri Rajendra Prasad Singh, who passed the revisional order, which was challenged in the writ petition.” There is no challenge in the present application that no such delegation has been done by the Director in favour of the Deputy Director. The writ petition is dismissed. Shageer (Navin Sinha, J) (Dinesh Kumar Singh, J.)