2010 Supreme(All) 3722

ALLAHABAD HIGH COURT
Vikram Nath, J.
Indrawati and others -Appellant
Versus
District Magistrate/D.D.C.Sonbhadra and others -Respondent
Writ-B No. 63230 of 2010
Decided On : 21-10-2010

The central legal point established in the judgment is the interpretation of the jurisdiction of the Nayab Tehsildar under section 15 of the U.P. Land Revenue Act, 1901, and the effect of the impugned orders.

Headnote:

Jurisdiction - U.P. Land Revenue Act, 1901 - The court considered the jurisdiction of the Nayab Tehsildar to pass an order for recording the name of the tenure holders under section 15 of the U.P. Land Revenue Act, 1901, and the effect of a notification vesting such power with the Tehsildar.

Fact of the Case:

The petitioner argued that the Revisional Court had discarded an order passed by the Nayab Tehsildar on the ground of lack of jurisdiction, while the petitioner contended that the Nayab Tehsildar was fully competent to pass the order under section 15 of the U.P. Land Revenue Act, 1901.

Finding of the Court:

The court admitted the case and issued notice to the respondent No. 6. It also stayed the effect and operation of the impugned order passed by the Deputy Director of Consolidation and the order passed by the Assistant Settlement Officer (Consolidation) until further orders.

Issues: The jurisdiction of the Nayab Tehsildar to pass the order and the effect of the impugned orders were the key issues in the case.

Ratio Decidendi: The court's decision was influenced by the argument regarding the jurisdiction of the Nayab Tehsildar and the effect of the impugned orders, leading to the admission of the case and the stay of the impugned orders.

Final Decision: The court ordered the admission of the case and stayed the effect and operation of the impugned orders until further orders.