TAHSILDAR Vs. SHYAM LAL

JUDGEMENT

(1.) THIS appeal has been filed against the judgment of the learned single Judge by which he allowed the writ petition filed by the present respondents against the order of the Tahsildar, directing initiation of proceedings to take possession of the plots in dispute in exercise of the powers under R. 115-D of the U. P. Zamindari Abolition and Land Reforms Rules (hereinafter referred to as the Rules). The petition was allowed on the ground that the Tahsildar had no power to take proceedings under R. 115-D. Reliance was placed on the decision of this Court in Paras Nath Singh v. State of U. P. (1961 R. D. 60) in which it was held that the Tahsildar was not empowered to take proceedings.

(2.) THE proceedings under Rr. 115-C to 115-F of the Rules are taken by virtue of the provisions of S. 120-B of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter called the Act). THE learned Standing Counsel has produced a copy of the notification dated 7-1-1964. By notification No. 3937/1-A-1165 (I)/54 the Governor of U. P. appointed all Tahsildars to be the Assistant Collectors of the First class. By another notification No. 3937 (A)/I-A-1165 (I)/54 all Assistant Collectors of the First Class appointed under the aforesaid notification were empowered to discharge all the functions of a Collector mentioned in S. 122-B of the Act. In view of these two notifications it is not possible to hold that the Tahsildar who had issued the order of ejectment on June 16, 1969, was not empowered to pass such order. THE error in the learned single Judge's order has crept in because the notifications mentioned above were not brought to his notice.