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Before we refer to the findings recorded by the High Court, in the writ petition, it is necessary to refer to some of the provisions of the Act and the rules framed thereunder, in order to appreciate the contentions taken by the parties and the opinion expressed by the High Court. It is also necessary to refer to the Rules of Business, issued by the Governor of West Bengal, under Art. 166(3) of the Constitution and the Standing Orders made by the Minister-in-charge of the Department of Land and Land Revenue.

Art. 166 of the Constitution is a; follows "166. (1) All executive action Of the Government of a State shall be expressed to. be take'" in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

rising the Secretary or the Assistant Secretary to deal with such matters. In this connection, the appellant has relied on items 18, 28 and 29, referred to in Standing Order No. 2, issued by the Minister-in-charge, as indicating that those matters have to be dealt with only by the Minister. On behalf of the State it was urged that, as the notification issued under s. 4 and the declaration made under s. 6. have been authenticated in the manner, specified by the Rules made by the Governor under Art. 166(2) of the Constitution, it was not open to the appellant to go behind and question the validity of either the notification or the declaration, which contained a recital that the Governor was of the opinion that the lands were needed for a public purpose. According to the State, this recital shows that the Governor's satisfaction is clearly made out. The res- pondents also pointed out that the Governor had issued the Rules of Business, under Art. 166(3) of the Constitution; and, under rr. 19 and 20, therefore, the Minister-in-charge, of the particular department, has been clothed with authority, by means of Standing Orders, to give such directions, as he thinks fit, for the disposal of the case in his department. By virtue of such authority, conferred on the Minister-in-charge of the Department of Lard and Land Revenue, in this case, the Minister has made Standing Orders, on November 29, 1951. The respondents further urged that the proceedings taken in this case, by the State Government, under the Act, do not come under any of the items referred to in Standing Order No. 2, which deals with matters which are to be brought to the notice of the Minister, before issue of orders. These matters could be validly dealt with, by the Assistant Secretary of the said Department.

-indicate that no contention was taken before us that even if authorised by the Rules of Business, a Minister-in-charge cannot legally ,delegate any such matters to be dealt with by his subordinates, by making appropriate Standing Orders. The same contentions taken in the High Court, on behalf of the State, have been advanced before us, by Mr. B. Sen, learned counsel.

We have already referred to the Rules of Business and, Standing Orders. We are in entire agreement with the views expressed by both the learned Single Judge as we'll as the Division Bench of the Calcutta High Court regarding the scope of Art. 166(2) of the Constitution. The learned Judges are perfectly correct in their view that what the authentication makes conclusive, under, Art, 166(2), is that the order has been made by the Governor. But the further question as to whether, in making the order, the Governor has acted in accordance with law, remains open for adjudication. In this connection, we may refer to the decision of this Court in R. Chitralekha v. State of Mysore(1). Subba Rao, J., (as he then was), explains the scope of Art. 166, at p. 376, thus "Under Art. 166 of the Constitution all executive action of the Government of a State shall be expressed to be taken in the name of the Governor, and that orders made in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor and the validity of an order which is so authenticated shall not be called in question on the ground that it is not an order made by the Governor.