JHINAK SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) By means of this application the Petitioner has prayed for recalling the order dated 9 -1 -1980 passed by me in Civil Misc. Petition No. 1443 of 1977 Jhinak Singh v/s. Deputy Director of Consolidation and Anr. whereby the writ petition was dismissed.

(2.) The main grievance of the learned Counsel for the Petitioner before me is that in view of the notifications of the year 1953 the powers of the Assistant Collector 1st class and that of the Collector were conferred upon the Tahsildars, hence the Tahsildar, in the instant case was an Assistant Collector of 1st Class or was enjoying the powers of the Collector in respect of certain types of cases under Sec. 35 -40 of the Land Revenue Act and would be deemed to be an Assistant Collector In charge of the Sub -Division in view of the provisions of Sec. 6 of U.P. Act. No 10 of 1961 and in the impugned order I have committed a patent error in treating the Tahsildar as not an Assistant Collector In charge of the Sub -Division. According to the learned Counsel for the Petitioner I should recall my order dated 9 -1 -1980 and allow the writ petition.

(3.) The learned Counsel for the contesting opposite party has tried to justify my order dated 9 -1 -1980 by placing reliance upon the ruling reported in, 1969 RD 140 Mahraji v/s. Jai Deo. According to the learned Counsel for the contesting opposite party the Tahsildar was not an Assistant Collector 1st class nor could he be an Assistant Collector Incharge of the Sub -Division under the provisions of U.P. Land Revenue Act, hence the contentions raised on behalf of the Petitioners could be repelled.