13. After going through Section 16 of the Act, 1973 as well as the aforesaid judgments, I am of the considered view that the Additional Collector has no power of revision under the provision of the Act, 1973, unless by a notification, Additional Collector is specifically empowered by the State Government to act as a Collector. So far as the order dated 12.5.2000 passed by a Bench of this Court in C.W.J.C. No. 2733 of 1999, Badri Prasad Modi vs. State of Bihar, is concerned, in that case, it was observed that the Government of Bihar, Revenue Department time to time issued instructions regarding mutation which inter-alia provided that the parties may file revision before the Collector or the Additional Collector of the district. However, in the present case, no notification under Section 2(c) of the Act, 1973 empowering the Additional Collector or any other officer to exercise power of revision under Section 16 of the Act was either available before the respondent no. 3 while passing the impugned order dated 14.10.2006 or any such notification has been produced by the learned counsel of the State in course of hearing of this case. Thus, in absence of any notification issued under Section 2(c) of the Act, the power exercised by the respondent no. 3 Additional Collector, Koderma as a revisional authority is without jurisdiction and the same cannot be legally sustained.”
