BRAHM SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) One of the question which has arisen in these writ petitions is as to whether the Additional Collector can exercise powers of Collector under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950. In first two writ petitions, i.e., Writ Petition Nos. 40986 of 2001 and 40983 of 2001. It has been contended by counsel for the petitioner that the Additional Collector can exercise the power of Collector under Sub-section (4) of Section 198 of U.P. Zamindari Abolition and Land Reforms Act, 1950 and in fact, he is Collector for the purposes of Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950. In other writ petitions, it has been contended by the counsel for the petitioner of all those cases that Additional Collector cannot exercise jurisdiction of Collector under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 and orders passed by Additional Collector under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act, 1950 are without jurisdiction.

(2.) I have heard Sri R. B. Singhal, counsel for the petitioner appearing in first two writ petitions. Sri M. C. Singh appearing for some of the respondents in first writ petition, Sri Hari Om Khare, Sri M. N. Srivastava, Sri D. K. S. Rathore. Sri J. A. Azami and Sri S. K. Chaturvedi appearing for the petitioners in other writ petitions and Sri L. P. Tiwari learned standing counsel.

(3.) Sri M. C. Singh counsel for the respondents appearing in first two writ petitions and other counsel for the petitioners appearing in other writ petitions have contended that the matter is covered by Division Bench Judgment of this Court in Shiv Autar v. Nabi and Ors., 1996 RD 190. In the aforesaid case Division Bench of this Court considering the provisions of Section 198 (4) and the definition of the Collector as given in Section 3 (4) of U.P. Zamindari Abolition and Land Reforms Act has held that the Additional Collector cannot exercise jurisdiction under Section 198 (4) and the orders passed by Additional Collector in the purported exercise of power under Section 198 (4) of U.P. Zamindari Abolition and Land Reforms Act is not legally permissible. It was held in paragraph 11 of the aforesaid judgment :