JAGDAMBAS Vs. SUB DIVISIONAL OFFICER SADAR MIRZAPUR

JUDGEMENT

(1.) By an order dated 26.10.1991 passed by the Sub-Divisional Magistrate in exercise of power conferred under Rule 176 (2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952, the lease granted to the petitioners in respect of the land covered under Section 132 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called as the Act) was sought to be cancelled.

(2.) Mr. A, K. Shukla, learned counsel for the petitioner contends that the Sub-Divisional Magistrate not being a Collector empowered by the State Government by a notification within the meaning of Section 4 (2) of the Act is not competent to pass the said order of cancellation and as such, the order is wholly without jurisdiction. Secondly, he contends that the order has been passed without giving any notice in terms of Rule 5, on this ground also this order cannot be sustained.

(3.) Mr. Ashutosh Srivastava, learned counsel for the respondents, on the other hand, contends that the property being a property under Rule 132 of the Uttar Pradesh Zamindari Abolition and Land Reforms Rules. 1952 (hereinafter called as the said Rules), the same can very well be cancelled by Assistant Collector incharge of Sub-Division under Rule 176A of the said Rules. Section 198 of the Act has no manner of application in respect of the land covered under Section 132 of the Act.