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2011 Supreme(All) 3042
ALLAHABAD HIGH COURT
A.P.Sahi, J.
Nisha Devi -Appellant
Versus
U.P.Ziladhikari Jewar and Others -Respondent
Civil Misc. Writ Petition No. 64312 of 2011
Decided On : 16-11-2011
Pankaj Govil and S.C.Varma for the Petitioner
The main legal point established is that the Sub Divisional Magistrate/Officer/Assistant Collector(First Class) is empowered to hear an appeal in proceedings arise under Section 210 of the U.P. Land Revenue Act, 1901, based on the powers conferred by Section 223 of the Act and a notification issued by the State Government.
Headnote:
Sub Divisional Magistrate - Jurisdiction under U.P. Land Revenue Act, 1901 - The court held that the Sub Divisional Magistrate/Officer/Assistant Collector(First Class) is empowered to hear an appeal in proceedings arise under Section 210 of the U.P. Land Revenue Act, 1901, based on the powers conferred by Section 223 of the Act and a notification issued by the State Government.
Fact of the Case:
The petitioner challenged the jurisdiction of the Sub Divisional Officer to hear an appeal under Section 210 of the U.P. Land Revenue Act, 1901, contending that the jurisdiction vests in the Collector.
Finding of the Court:
The court found that the Sub Divisional Magistrate/Officer/Assistant Collector(First Class) is empowered to hear the appeal based on the powers conferred by Section 223 of the U.P. Land Revenue Act, 1901 and a notification issued by the State Government.
Issues: The issue involved was whether the Sub Divisional Magistrate/Officer/Assistant Collector(First Class) is empowered to hear an appeal in proceedings arise under Section 210 of the U.P. Land Revenue Act, 1901.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 223 of the U.P. Land Revenue Act, 1901, which confers powers on the Assistant Collector of the first class, and a notification issued by the State Government, empowering the Assistant Collectors to exercise the powers of a Collector under Section 210 of the Act.
Final Decision: The petition was dismissed, and the Assistant Collector was directed to dispose of the appeal within a period of six months from the date of production of a certified copy of the order.
Heard Sri S.C.Verma learned counsel for the petitioner assisted by Sri Pankaj Govil.
2. The issue involved is as to whether the Sub Divisional Magistrate/Officer/Assistant Collector(First Class) is empowered to hear an appeal in proceedings arise under Section 210 of the U.P.Land Revenue Act, 1901.
3. This petition was filed on the ground that an appeal has been filed before the Sub Divisional Officer under Section 210 of the U.P.Land Revenue Act, 1901 which could not have been entertained by him as the jurisdiction vests in the Collector under Section 210(1)(b)(ii) of the 1901 Act for deciding such an appeal. The petitioner has further relied on the order passed by this Court in Writ Petition No. 52144 of 2011 where the State had been called upon to explain this position.
4. Learned standing counsel Sri Rajesh Kumar has invited the attention of this Court to the provisions of Section 223 of U.P.Land Revenue Act which are reproduced below:
"Investment of Assistant Collector with powers of Collector- The State Government may confer on any Assistant Collector of the first class, all or any of the powers of the Collector, and all powers so conferred shall be exercised subject to the control of the Collector of the district."
5. In view of the power so conferred a notification has been issued by the State Govt. on 28.2.76 which is quoted herein below:
"In exercise of the powers under Section 223 of the U.P.Land Revenue Act, 1901 (U.P.Act No.III of 1901), the Governor is pleased to confer on all Assistant Collectors of the first class-in-charge of sub-divisions, in the areas in respect of which notification, under section-
(1)4 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P.Act No.1 of 1951)
(2)15 of the Jaunsar Zamindari Abolition and Land Reforms Act, 1956 (U.P.Act No.XI of 1956)
(3) 8 of the U.P.Urban Areas Zamindari Abolitionand Land Rforms Act, 1956 (U.P.Act No.IX of 1957) and
(4) 4 of the Kumaun and Uttarkhand Zamindari Abolition and Land Reforms Act 1960(U.P.Act No.XVII of 1960) have been issued, the powers of a Collector under Section 210 of the U.P.Act (No.III of 1901), as adapted in its application to the said area."
6. In view of the said notification in exercise of the powers under Section 223 of the U.P.Land Revenue Act, 1901 the contention raised by the learned counsel for the petitioner stands squarely answered and the appeal is very much maintainable before the Assistant Collector.
7. Accordingly, there is no merit in this petition and is accordingly dismissed.
8. Sri Verma learned counsel for the petitioner then submits that the appeal be directed to be decided expeditiously.
9. Let the Assistant Collector proceed to dispose of the said appeal preferably within a period of six months from the date of production of a certified copy of this order.
10. The office is directed to keep a copy of this order on the records of the Writ Petition No.52144 of 2011.
