AI Overview...
- Collector in-charge of Sub-Division - The Collector (or Assistant Collector) is vested with authority to decide land-related issues, including allotments, classifications, and irregularities, under various sections of land reform laws such as the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. They can suo motu or upon application conduct inquiries, approve or cancel allotments, and determine land nature (agricultural or abadi). DIWAN SINGH VS STATE OF UTTARAKHAND & SIX - Uttarakhand, RAM RAJ VS BOARD OF REVENUE - Allahabad, ABDUL RAUF KHAN VS ABDUL SAMAD - Allahabad, [KRISHNA PAL SINGH
VS AKAL CHAND -
Allahabad](https://supremetoday.ai/doc/judgement/02500039345), GAJRAJ VS STATE OF U. P. - Allahabad, Raj Kumar Soni VS State of U. P. - Supreme Court, Savita VS State of U. P. - Allahabad, Singh and others VS Additional Commissioner, Garhwal Mandai, Pauri and others - Uttarakhand
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Legal Remedies and Procedures - Petitioners are expected to utilize available legal remedies, such as applying before the Assistant Collector or under specific sections like 198(4) or 198(4-A). Failure to do so may affect the validity of claims. Proper procedural compliance, including timely applications and adherence to rules like Rule 176, is emphasized. DIWAN SINGH VS STATE OF UTTARAKHAND & SIX - Uttarakhand, VINDHYACHAL TEWARI VS BOARD OF REVENUE - Allahabad, GAJRAJ VS STATE OF U. P. - Allahabad
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Authority and Decision-Making - The Collector-in-charge has the power to make or review decisions on land allotments, classifications, and irregularities. Courts have held that decisions require proper authority, and in some cases, remand issues to the Assistant Collector for decision in accordance with statutory provisions like Section 331-A. RAM RAJ VS BOARD OF REVENUE - Allahabad, [KRISHNA PAL SINGH
VS AKAL CHAND -
Allahabad](https://supremetoday.ai/doc/judgement/02500039345), Raj Kumar Soni VS State of U. P. - Supreme Court, RAM RAJ VS BOARD OF REVENUE - Allahabad
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Court Interventions - Courts often direct remand or direct the Collector or Assistant Collector to decide specific issues, especially when initial decisions lack clarity or proper procedure. The courts also scrutinize whether decisions are made within jurisdiction and following prescribed rules. ABDUL RAUF KHAN VS ABDUL SAMAD - Allahabad, VINDHYACHAL TEWARI VS BOARD OF REVENUE - Allahabad, Raj Kumar Soni VS State of U. P. - Supreme Court, Singh and others VS Additional Commissioner, Garhwal Mandai, Pauri and others - Uttarakhand
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Power to Cancel or Confirm Allotments - The Collector has the authority to cancel irregular allotments made by subordinate officers if procedural lapses or irregularities are found. This ensures proper land management and adherence to legal standards. Raj Kumar Soni VS State of U. P. - Supreme Court, GAJRAJ VS STATE OF U. P. - Allahabad
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Classification of Land - Determining whether land is agricultural or abadi (settlement area) is a key function, requiring assessment by the Assistant Collector, and is essential for proper land management and legal compliance. Savita VS State of U. P. - Allahabad, Singh and others VS Additional Commissioner, Garhwal Mandai, Pauri and others - Uttarakhand
Analysis and Conclusion:
The role of the Collector-in-charge and the Assistant Collector is central to land administration under UP land laws. They possess broad authority to decide land classifications, allotments, and irregularities, either suo motu or on application. Proper procedural adherence, timely applications, and adherence to rules are crucial. Courts frequently remand issues for decision by the appropriate authority, emphasizing the importance of exercising jurisdiction within legal bounds. The power to cancel irregular allotments further underscores the Collector's oversight role in ensuring lawful land management. Overall, the Collector-in-charge functions as a key decision-maker in land disputes and administration, with their authority supported by statutory provisions and judicial oversight.
Search Results for "Assistant Collector in Charge"
2012 0 Supreme(UK) 180 • India - Uttarakhand
B.S.VERMA
Collector, In-charge of the Sub Division u/s 198(4) of the U.P. ... of the land in question — Apart from it, an alternate remedy was available to the petitioners to move an application before the Assistant ... Zamindari Abolition and Land Reforms Act or Sec. 198(4-A) before the Collector — But they have not resorted to the legal remedy available ... Apart from it, an alternate remedy was available to the petitioners to move an application before the Assistant Collector, In-ch....
2005 0 Supreme(All) 2434 • India - Allahabad
KRISHNA MURARI
Ratio Decidendi: The Assistant Collector in charge of the sub-division is empowered to decide the issue relating to whether ... Final Decision: The writ petition stands allowed, and the case is remanded back to the Assistant Collector to decide the issue ... Collector to decide the issue himself in accordance with the provision of Section 331-A of the Act and thereafter, proceed to decide ... Collector in charge of the sub-division for the decision....
1998 0 Supreme(All) 1142 • India - Allahabad
R.H.ZAIDI
Collector in charge of the Sub-Division, as required under Section 122c(2) and (4) of the U. ... ACT, 1950 - SECTION 122C(2) AND (4), RULE 115NC-GENERAL (2) - ALLOTMENT OF LAND FOR HOUSING SITE - APPROVAL OF ASSISTANT COLLECTOR ... The court held that the allotment of land to the plaintiff was void as it lacked the prior approval of the Assistant Collector in ... (c) any abadi site referred to in clause (iv) of sub-section (1) of Section 117 and vested in the gaon Sabha ; (d) any land ....
1981 0 Supreme(All) 15 • India - Allahabad
DEOKI NANDAN
The High Court held that the proper course in the suit was to remit an issue to the Assistant Collector-in-charge of the Sub-Division ... The High Court held that the proper course in the suit was to remit an issue to the Assistant Collector-in-charge of the Sub-Division ... Collector-in-charge of the Sub-Division, under Section 331-A of the U. ... Collector-in-charge of the Sub-Division, under Section 331-A of the....
2010 0 Supreme(All) 2710 • India - Allahabad
SANJAY MISRA
Collector-in-Charge for approval—Assistant Collector passed order after more than 8 months, in violation of provisions of Rule 176 ... Abolition and Land Reforms Rules, 1952—Rule 176—Patta—Cancellation of—Land Management Committee prepared a list and forwarded to Assistant ... ... (5) If the Assistant Collector in-charge of sub-division finds that the whole or pat of the decisions taken by the Committee is not in accordance with the provisions of th....
1956 0 Supreme(All) 62 • India - Allahabad
AGARWALA, M.L.CHATURVEDI
C. as they had not applied to the Assistant Collector in charge of the Sub-division within thirty months from the date of vesting ... Collector in charge of the Sub-division within thirty months from the date of vesting, as required by Section 232 of the Act. ... had not followed the proper procedure for recovery of possession on the basis of Adhivasi rights as they had not applied to the Assistant ... " ... It is clear from this Section (a) that an application has to be made within th....
2007 3 Supreme 640 • India - Supreme Court
P.K.BALASUBRAMANYAN, B.S.REDDY
power to cancel any irregular allotment made by Assistant Collector in charge – Order of Sub-Divisional Officer in allotting the ... Zamindari Abolition and Land Reforms Act, 1950 – Section 122(6) – Irregular allotment – In any event the Collector is conferred with ... The High Court took the view that in any event the Collector of the District is conferred with the power under Section 122(6) of the U.P. Zamindari Abolition and Land Revenue Act to cancel any irregular allotment made by the Ass....
2021 0 Supreme(All) 835 • India - Allahabad
SIDDHARTHA VARMA
Collector In-charge as to what exactly was nature of land – whether property was agricultural or abadi had to be considered by Assistant ... Collector and in absence of any decision by Assistant Collector, this Court is of view that orders impugned cannot be sustained ... Collector and only thereafter it could be ascertained as to whether land was of an agricultural nature or it was an abadi. ... Collector In-charge as to what exact....
1992 0 Supreme(SC) 339 • India - Supreme Court
Collector in charge of sub-division for decision on that issue - There will be no order as to costs – Appeal Allowed. ... agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming and after framing said issue send record to Assistant ... Collector in charge of the sub-division for the decision on that issue. ... Collector in-charge of the sub-division for the decision of that issue only: ... Provided that where the suit has been ins....
2007 0 Supreme(UK) 282 • India - Uttarakhand
B.S.VERMA
Collector in-charge of the sub-division may, suo motu or on an application, after making such enquiry as may be prescribed, make ... The Assistant Collector declared land as Abadi under Section 143 of the Act. ... Finding of the Court: The court found that the Assistant Collector had the jurisdiction to declare the land as Abadi ... ... (1-A) Where a declaration under sub-section (1) has to be made in respect of a part of the holding, the Assistant Collec....
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