NIHAL SINGH Vs. BOARD OF REVENUE UTTAR PRADESH

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution was filed by the petitioner Nihal Singh challenging the order of the Board of Revenue dated 7-10-1985 in Revision No. 20 L.R. 84-85, and the order of the Additional Commissioner, Agra Division, Agra, dated 18-3-1985. The Additional Commissioner by the aforesaid order rejected the objection of the petitioner filed 125-Rep.-1987 under Rule 285-1 of U. P. Zamindati Abolition and Land Reforms Rules, 1952, for setting aside the sale of plots belonging to him sold in connection with the realisation of arrears due to the U. P. Financial Corporation Limited, Agra. The Additional Commissioner held that the auction sale challenged by the petitioner was neither irregular nor illegal, and, as such, the sale could not be set aside. It was against this order that revision had been preferred by the petitioner before the Board of Revenue. The Board of Revenue rejected it on the preliminary point raised before it, which was that since the Commissioner was not a court, no revision lay under Section 219 of the Land Revenue Act, 1901.

(2.) THE connected writ petition No. 16624 of 1985 preferred by Rajvir and others has been filed against a rejection of the objection filed by them to the attachment of the plots belonging to them. This revision was also rejected on the same ground as the revision of Nihal Singh in Writ Petition No. 15833 of 1985.

(3.) CHAPTER X of U. P. Act No. 1 of 1951 deals Land Revenue. Section 279 provides procedure for recovery of arrears of land revenue. Section 294 conters power on the State Government to make rules for the purposes of carrying into effect the provisions of this CHAPTER. In exercise of this power that the State Government has framed the Rules, which are to be found in CHAPTERs I to XII of the Rules. The relevant rules, with which we are concerned in the present writ petition, are Rule 285-1. Under this rule at any time within thirty days from the date of the sale, application may be made to the Commissioner to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.