SHIV AUTAR Vs. NABI

JUDGEMENT

(1.) HEARD Sri B. C. Srivastava, holding brief of Sri Shashi Nandan, learned counsel appearing for Sri Shiv Autar, the petitioner, Sri R. K. Saxena, learned Standing Counsel representing the Atirikt Zila Adhikari, Deoria, the respondent No. 3 and Sri S. Banerjee, holding brief of Sri K. B. Garg, learned counsel appearing for the Gaon Sabha village Baliyawa, Tappa Barnai, Pargana Silhat, Tehsil and District Deoria through its Pradhan, the respondent No. 2. No body has appeared for Sri Nabi, the respondent No. 1.

(2.) THE Land Management Committee of the Gaon Sabha village Baliyawa passed a resolution dated 20th June, 1977 allotting an Abadi land to the petitioner which was approved by the Assistant Collector by his order dated 8th July, 1977. Following the allotment and approval the petitioner was put in possession of the land and built a house thereon.

(3.) COUNTERING the contention raised on behalf of the petitioner, learned counsel appearing for the respondents contend that the expression 'collector' includes in Additional Collector also, and that being so the respondent No. 3 had jurisdiction and was fully empowered to pass the impugned order dated 20th January, 1978.