Amendment status not verified — confirm the current text below against the official source.
Appeals.-Except as otherwise provided in this Act, from every order passed under this Act, an appeal shall lie, when the order was made,- (a) by a Deputy Collector exercising powers of the Deputy Commissioner, to the Sub-divisional officer vested with the powers of the Deputy Commissioner in this behalf: Provided that the Deputy Commissioner shall have power to order any such appeal to be transferred to his own file or to the file of the Additional Deputy Commissioner empowered in this behalf; (b) by a sub-divisional Officer exercising powers of the Deputy Commissioner, to the Deputy Commissioner: Provided that the Deputy Commissioner shall have power to order any such appeal to be transferred to the file of the Additional Deputy Commissioner empowered in this behalf; (c) by the Deputy Commissioner or the Additional Deputy Commissioner, to the Commissioner; (d) by the commissioner confirming the order of the Deputy commissioner dismissing a mulraiyat or co-mulraiyat under Section 11 of the Record-of-rights of Mulraiyati village, to a tribunal appointed by the 1[State] Government in this behalf. COMMENTS Where appellate order under Sectioin 57 or revisional order under Section 59 of Santal Parganas (Supplementary Provisions) Act, 1949 against an order under Section 23 of the Act is liable to be quashed by the High Court in exercise of its writ jurisdiction if the appellate or revisional order, as the case may be is not based on or justified by the materials on record. [Suraj Narain Mandal v. State of Bihar, 1992 (1) PLJR 80]. Lack of jurisdiction is a ground which may be raised in writ jurisdiction, but where an authority having jurisdiction decides it as rightly or wrongly, the error, if any, may be corrected by resorting to statutory remedy of appeal or revision.[Tata Iron & Steel Circle Officer v. State of Bihar, 1999 (1) PLJR 309]. 58 Second Appeal.- (1) Subject to the provisions of Section 59 with respect to revision, an appellate order shall be final in all cases where the decision of the lower Court is affirmed, and no second appeal shall be allowed except when the Sub-divisional Officer, the Additional Deputy Commissioner has varied the decision of the lower Court, in which case an appeal shall lie,- (a) When the appellate order was made by a Sub-divisional Officer vested with appellate power, to the Deputy Commissioner: Provided that the Deputy Commissioner shall have power to order any such appeal to be transferred to the file of the Additional Deputy Commissioner empowered in this behalf; (b) When the appellate order was made by the Deputy Commissioner or the Additional Deputy Commissioner, to the Commissioner. (2) No second appeal shall lie from any order passed on appeal by the Commissioner or by the tribunal appointed under clause (d) of Section