RAM PAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against an order of Patta cancellation passed by Additional Collector Lalitpur on 16-8-01 in Case No. 684/97-98. In the grounds of revision lack of jurisdiction of Additional Collector for trying such cases under Section 198(4) of the U.P.Z.A. and L.R. Act has also been mentioned. It is a settled law pronounced by Hon'ble High Court and this Board in a number of cases that only the Collector was empowered to proceed under Section 198(4) of the U.P.Z.A. and L.R. Act as it stood prior to the U.P. Act No. 11 of 2002 and the Additional Collector had no jurisdiction to pass order in this section. Therefore, without going into the merit of the case the order passed by the Additional Collector is set aside and since the action for cancellation of Patta was initiated well within time limit prescribed by law at the level of Collector, therefore, Collector Lalitpur may proceed himself to hold inquiry in the section and pass appropriate order in accordance with the provisions of law. With these observations the revision is disposed of accordingly. Revision disposed of.