Adarsh Rajkiya Madhya Vidyalaya vs The State of Bihar and Others

G.C. Bharuka, J.—The present application has been filed by the sole Petitioner praying therein that the order dated 11.5.1982 passed by the Additional Collector, Siwan, which is Annexure ''3'' to the present application, be quashed. The sole ground taken on behalf of the Petitioner for quashing the order dated 11.5.82 (Annexure-3) is that the Respondent Additional Collector has purported to act as an Appellant Authority under the provisions of the Bihar Privileged Persons Homestead Tenancy Act, 1947 (hereinafter to be referred to as ''the Act'') though under the provisions of the Act the order dated 22.8.78 (Annexure-2), which has been passed by the Circle Officer, Guthani, acting as a Collector under the Act, is final and can not be subjected to any appeal.

The order dated 22.8.78 (Annexure-2), appears to have been passed by the Circle Officer u/s 6 of the Act rejecting the claim of Respondent No. 4 with regard to the land in question. Section 18 of the Act provides that all orders passed by the Collector in any proceeding under this Act shall be final, and no suit shall lie in any Civil Court to vary or set aside any such order except on the ground of fraud or want of jurisdiction.

Without entering into the question as to whether any suit can lie against the order dated 22.8.78 as contained in Annexure ''2'' to this application, at least this much is clear that this order can not be subjected to any appeal under the provisions of the Act.

Under the circumstances, the order dated 11.5.82 as contained in Annexure ''3'' to this application is hereby quashed. The writ application is, accordingly, allowed. However, there shall be no order as to costs.