SHEO MANGAL Vs. RAM CHARAN

JUDGEMENT

(1.) THE following question was referred for decision by this Full Bench.

(2.) IN Sub-section (4) of Section 2 of the U. P. Agriculturists Relief Act (U. P. Act No. XXVII of 1939), Collector is defined as meaning "the officer appointed as Collector of a district under the land Revenue Act No. 3 of 1901. " Section 22 (1) is as follows :

(3.) IF the words "to exercise the powers of a Collector under this Chapter" are given their ordinary meaning, then wherever the word "collector" occurs in Chapter 3, it would include an 'assistant collector' and, therefore, the word 'collector' in Sub-section (2) will also include an Assistant collector. On the other hand, the learned counsel for the applicants has pointed out that there may be some practical difficulties inasmuch as an Assistant Collector empowered under sub-section (1) may not be subordinate to an Assistant Collector similarly empowered, and it will be anomalous that one Assistant Collector should transfer a case from his own court to a court of equal jurisdiction. He has pointed out that there is nothing in Sub-section (2) which empowers a Collector to transfer a case from his own court to the court of another Collector.