The power of revision and reference vested in the Director of Consolidation under Section 35 of the Act can at best be exercised only by any of such authority as defined under sub-section (4) of Section 2 which does not include the Deputy Director of Consolidation.

1. Radha Mohan Prasad, J.As in both these writ petitions, the question involved is common, they have been heard and are being finally disposed of together after due service of notice to the Respondents.

2. In short, the relevant facts are that in both the writ petitions petitioners are aggrieved by the order passed by the Deputy Director, Consolidation, Purnea and Deputy Director, Consolidation (Headquarters), Bihar, Patna in Revision Case No. 31/98 and 332/96 prospectively in purported exercise of the power under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, hereinafter referred to as the Act. In both the writ petitions respective revisions were filed against the order of the Deputy Director, Consolidation, Saharsa and Vaishali passed in the respective appeals. First one preferred by the concerned Respondents and the second one preferred by the petitioner, which were finally heard and disposed of by the Deputy Director, Consolidation as already mentioned above.

3. Learned counsel for the petitioners, inter alia, contended that the order impugned in the respective petitions passed by the Deputy Director are wholly without jurisdiction and bad in law and are fit to be quashed on this ground alone. According to the learned counsel for the petitioners, power of revision under section 35 of the Act is vested in the Director, Consolidation, who may of his own motion or on the application of any party or on reference made by any subordinate authority, call for and examine the record of any case decided or proceedings taken by such authority for the purpose of satisfying himself as to the regularity of the proceeding; or as to the correctness, legality or propriety of any order passed by such authority in the case or proceedings, and may after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit. It has been submitted that the Deputy Director, Consolidation in exercise of power under Section 35 of the Act cannot hear the revision and decide.

4. Counter affidavits on behalf of Respondents have been filed in the first case including on behalf of Deputy Director, Consolidation, Purnea (Respondent no.2), which on being authorised has been sworn by the lncharge Officer (Legal Section), Consolidation Directorate, Patna, on the specific point as to whether the Deputy Director, Consolidation is empowered to act under Section 35 of the act. In paragraph 4 of the said counter affidavit it is stated that the Deputy Director of Consolidation has been duly delegated with the powers and functions under Section 35 of the Act with the sanction of the State Government vide notification no. 858 dated 4.9.1997. A photostat copy of the said notification has been annexed as Annexure-A. According to the stand taken in the said affidavit, Director of Consolidation may with the sanction of the State Government delegate any of its power and functions under the Act to any of the Officer not below the rank of Deputy Collector as provided under Section 34 of the Act.

5. Learned counsel for the Respondents has contended that in view of the aforementioned notification contained in Annexure-A, it cannot be said that the respective Deputy Director had no power to hear and decide revision in exercise of the power under Section 35 of the Act. It is submitted that Ser*jon 34 deals with delegation of powers and under sub-section (2) of Section 34 the Director of Consolidation has been vested with the power to delegate any of his powers and function under the Act to any Officer not below the rank of Deputy Collector with the sanction of the State Government. It is submitted that the Director of Consolidation accordingly vide notification contained in Annexure-A vested his power under Section 35 of the Act in the respective Deputy Directors, Consolidation, who were not below the rank of Deputy Collector. As such, according to the learned counsel for