The main legal point established in the judgment is the significance of the delegation of powers from the Collector to the Additional Collector under the Z.A. & L.R. Act in deciding matters related to agricultural land allotment.

Sharad Kumar Sharma, J.

Brief facts of the case are that the petitioners claimed themselves to be an allottee of agricultural land by virtue of the resolution passed by the respondent No. 2. The said resolution of allotment of agricultural land as made on 25th September, 1993, was approved by the S.D.M on 3rd February, 1996. It seems that the a proceeding under Section 198 (4) was initiated by filing an application before the Collector, for the relief of cancellation of patta. The said proceeding was initiated at the behest of the private respondents to the present writ petition.

2. The perusal of the impugned order shows that though the inception of the proceedings under Section 198 (4) has taken before the Collector, but, at a later stage, “those proceedings were transferred by the Collector to the Court of Additional Collector”, who has passed the impugned order, whereby, the cancellation of patta granted in favour of the petitioners, was affirmed. The said order was put to challenge in a Revision, the Revisional Court, too, concurred with the findings of the Additional Collector and dismissed the same by the order dated 11th October, 2012, which is under challenge in the present writ petition.

3. The pleadings have been exchanged. Parties consented upon for arguments of writ petition finally.

4. Heard Mr. Parikshit Sani, Advocate assisted by Mr. Mohd. Safdar, counsel for the petitioners, Mr. Pankaj Purohit, Deputy Advocate General for the State of Uttarakhand and Mr. Mahavir Singh Tyagi, learned counsel for respondent Nos. 3 and 4.

5. The sole ground which is being put to challenge and pressed by the petitioners for challenging the impugned order is that they contend that in view of the provisions contained under Section 198 (4), the Collector is an authority designated under the Act for the purposes of exercising powers for scrutinizing the veracity of a Patta granted for an agricultural purposes. For the said purpose, he places reliance on the provisions contained under Section 198 (4), which for the purposes of brevity, is quoted hereunder:-

“[(4) The [Collector] may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any.”

The term Collector has been defined under Z.A. & L.R. Act in its Sub-section (4) of Section 3 reads as under :

“(4) “Collector” means an officer appointed as Collector under the provision of the U.P. Land Revenue Act, 1901 and includes an Assistant Collector of First Class empowered by the State Government by a notification in the Gazette to discharge all or any function of a Collector under this Act. It necessarily follows that power of allotment of land under the Act.”

6. The learned counsel for the petitioners submits that in accordance with definition clause of Collector as provided under sub-section (4) of Section 3 of the Act, the Collector means an officer appointed as a Collector under the provisions of U.P. Land Revenue Act, 1901 and includes an Assistant Collector, 1st Class empowered by the State Government by a notification and gazette to discharge all or any of the functions of the Collector under this Act. Since Sub-section (4) of Section 3 defining the Collector, attracts the provision of Land Revenue Act, for the purposes of defining the Collector. This would be inclusive of power and duties also of Collector and Additional Collector. Under Section 8 of sub-section 4 of Land Revenue Act, 1901, it deals with the revenue Courts which defines within itself Collector, Additional Collector, Assistant Collector etc. Under Section 14-A of the Land Revenue Act, 1901, specifically pertains to the appointment, powers and duties which could be exercised by the Additional Collector.

7. The power of appointment of Additional Collector is contained under Sub-section (1), where the State Government has be