Commissioner's power to review or revise order of confirmation by State Government under Section 4(h) of the Bihar Land Reforms Act, 1950.

1. The petitioners in this writ application claim that their father had taken settlement of about 200 acres of land in the district of Champaran from the Ramnagar Raj in the year 1944 in respect of which a registered deed of lease was executed on the 18th of May, 1947, proceedings were started against the petitioners father under Sec. 4 (h) of the Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950 hereinafter called the Act). The proceedings were dropped by the Deputy Collector in-charge Land Reforms by his order dated 22-10-1963, a copy of which is Annexure 3 to the writ application. He did not annul the settlement An appeal was taken to the Collector. According to the petitioners case, it was filed much beyond the prescribed time. The Collector allowed the appeal by his order dated 14-6-1967, copy of which is annexure 6 to the writ application. He annulled the settlement under Sec. 4(h) of the Act. His order eventually was confirmed by the State Government under the Second Proviso to Clause (h) of Sec. 4 of the Act on the 23rd of January, 1968, a copy of which order is annexure 7 to the writ application. The petitioners, in the meantime, however, had moved the Commissioner asking him to exercise his power under Sec. 4-A of the Act in July, 1967.

A copy of the order-sheet of the revision case before the Commissioner is annexure 8 to the writ application. It shows that the revision was admitted on 22-12-1967 and further proceedings in furtherance of the order of the Collector were stayed. While admitting the case, the Commissioner had fixed 22-3-1908 as the date in it. On this date when the case was taken up, a letter from the Deputy Secretary to the Government in the revenue department, which was placed before the Commissioner, showed that the Government had already passed orders confirming the order of the Collector under Sec. 4 (h) of the Act annulling the settlement of the land. Upon this the Commissioner took the view:-

- "After the order of the State Government it is not open to the Commissioner to review the orders of the State Government. Sec. 4-A applies to those cases which have not been referred to State Government but which have been decided by the Collector, cases which are pending in proceedings and not approved by the State Government. The remedy for the petitioner now lies before the High Court."

The petitioners have accordingly moved the High Court under Articles 226 and 227 of the Constitution and have attacked the order of the Collector annulling, the settlement on several grounds stated in the petition. We, however, did not examine on merits any of the grounds or the propriety or the legality of the Collectors order. We think that the learned Commissioner has failed to exercise his power under Sec. 4-A of the Act on an erroneous view of the law. His revisional power undoubtedly is discretionary. He may refuse to exercise the power on one ground or the other, but to say that it is not open to him to exercise his revisional power under Sec. 4-A after the order of the State Government is not correct.

2. Sec. 4 (h) of the Act provides as follows:

"The Collector shall have power to make inquiries in respect of any transfer including the settlement or lease of any land comprised in such estate or tenure or the transfer of any kind of interest in any building used primarily as office or cutchery for the collection of rent of such estate or tenure or part thereof, and if he is satisfied that such transfer was made at any time after the first day of January, 1946, with the object of defeating any provisions of this Act or causing loss to the State or obtaining higher compensation thereunder, the Collector, may, after giving reasonable notice to the parties concerned to appear and be heard annul such transfer, dispossess the person claiming under it and take possession of such property on such terms as may appear to the Collector to be fair and equitable. Provided that an appeal against an order of the Colle