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1992 Supreme(SC) 500

K.RAMASWAMY, KULDIP SINGH
State Of Rajasthan – Appellant
Versus
Kishan Singh – Respondent


Advocates:
ARUNESHVAR GUPTA, Chetna Anand, GUDWILL INDIVER, KAMAKSHI S.MEHLWAI, P.H.Parekh

JUDGMENT

KULDIP SINGH, J.:- The Rajasthan Government issued notification dated May 30, 1978 under S. 2(1)(a) of the Rajasthan Colonisation Act, 1954 (the Act) appointing the Colonisation Tehsildars to perform the functions and exercise the powers of the Collector under Section 22 of the Act. The short question for our determination is whether the said notification, validly confers the powers and the functions of the Collector under the Act upon the Colonisation Tehsildars.

2. Section 2(i)(a) and Section 22 of the Act, which are relevant, are reproduced hereunder,.-

"Section 2(i)(a) - Collector means the Collector of the district and includes-

(a) Any officer appointed by the State Government to perform all or any of the functions and exercise all or any of the powers of the Collector under this Act.

22. Unauthorised occupation of land and re-entry.- (1) Any person who occupied or continues to occupy any land in a Colony to which he has no right or title or without lawful authority shall be regarded a trespasser and may be summarily evicted therefrom by the Collector at any time at his own motion or upon the application of an aggrieved person at whose disposal such land has been placed;



















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