46. Power of the Commissioner of the Division to call for the record of any case.
- The Commissioner of the Division may call for the record of any case which has been decided under this Act by the Court or the Anchal Adhikari or the Land Reforms Deputy Collector or the Collector; and in which either no appeal has been preferred against the order passed or no appeal lies against such order and if it appears to the Commissioner that such officer-(a)has acted without jurisdiction or exercised jurisdiction not vested in him by law; or(b)has failed or improperly refused to exercise a jurisdiction so vested in him;(c)has acted in the exercise of his jurisdiction illegally or with material irregularity;the Commissioner may after giving reasonable notice to the parties concerned to appear before him and after hearing the parties concerned pass such order in the case as he thinks fit:Provided that whereupon appearance of the parties the Commissioner is unable to hear them he may transfer the case, for reason to be recorded in writing to the Additional Commissioner or to any officer appointed by the State Government as Commissioner for purposes of this Act; who shall hear the parties and pass such order in the case as he thinks fit.
