RAM VILAS Vs. COMMISSIONER DEVI PATAN MANDAL GONDA

JUDGEMENT

(1.) The matter has been placed before this Court for consideration of the following questions of law, on account of doubt expressed by learned Single Judge on the view expressed earlier by a Single Judge of this Court in Writ-C No. 24902 of 2019 (Uday Pratap Singh @ Harikesh Vs. State of U.P. and others) decided on 30/09/2019:

(2.) As only legal issues have been referred to be considered by Larger Bench, we do not go much in the facts of the case as for that purpose the matter will go back before the learned Single Judge.

(3.) The argument raised by learned counsel for the petitioners is that the Prescribed Authority having not been notified in terms of the provisions of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "the Act"), the District Magistrate cannot exercise the power. A plain reading of Sec. 27 of the Act shows that the Prescribed Authority is to fix the amount of surcharge and certify the same to the Collector for recovery of the same as arrears of land revenue. It would clearly mean that two persons have to be different authorities. The Prescribed Authority cannot be the Collector (District Magistrate).