R C PUTTAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The short point for consideration is Whether the Assistant Commissioner, Tarikere - Sub-Division, Tarikere is conferred under the Act with the power of reviewing his own order passed earlier at the instance of the same applicant?

(2.) Annexure-D shows that on 29.4.1980 the Assistant Commissioner has intimated by an endorsement issued to the applicant that his applicaton has been rejected for resumption of possession of the land in question. Again, under Annexure-E dated 23.11.1982 on another application made by the same applicant, the same Assistant Commissioner has issued the endorsement that the second application cannot be entertained since an earlier application was rejected on 29.4.1980. Thereafter, for the third time the applicant approached the Assistant Commissioner and an order came to be passed on 11.1.1985 ordering resumption of the land. Against this order, the petitioner preferred an appeal and the appeal was rejected by the Deputy Commissioner, Chikmagalur on 7.8.1985.

(3.) I am surprised to see that an order which is the out-come of exercise of the jurisdiction not vested in the Assistant Commissioner has been sanctified by the Deputy Commissioner contrary to the letter and spirit of law. No provision in the Act empowers the Assistant Commissioner to review his own order. In the instant case, the Assistant Commissioner has committed an act of administrative excess in arrogating to himself a power which the statute does not confer upon him. The Deputy Commissioner cannot lend legitimacy to jurisdictional error of the Assistant Commissioner.