M.Y. Eqbal, J.

1. Heard the parties.

2. The only question that falls for consideration in this writ application is to whether the Additional Collector of a district or any sub-division is vested with the power to act as Deputy Commissioner and to pass order under Section 71-A of the Chhotanagpur Tenancy Act.

3. In the instant case, an application under Section 71-A of the C.N.T. Act was filed by the private respondent against the petitioner for restoration of land on the ground inter alia that petitioner came in possession of the said land by virtue of illegal transfer. The Additional Collector, Lohardaga passed order of restoration in favour of the said respondents.

4. Mr. Amar Kumar Sinha, learned Counsel for the petitioner brought before me two notifications dated 20.9.1974 and 31.7.1982 by which the Land Reforms Deputy Collector has been vested with the power of Deputy Commissioner for the purpose of deciding the case under Section 71-A of the C.N.T. Act.

5. Mr. S.N. Lal. learned Counsel for the private respondent on the other hand very fairly submitted that if the order of Additional Collector suffers from the jurisdictional error then the matter may be remitted back to the