SEETLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kushwaha, learned counsel for the petitioner, Sri R.N.Yadav, learned counsel for the fourth respondent and Sri Shree Prakash Singh, learned Standing Counsel appearing for the State respondents.

(2.) The present petition seeks to raise a challenge to an order dated 29.07.2010 passed by the Additional Collector (Land Revenue) Jaunpur in Case No. 58 (Lootu Vs. Seetla) in proceedings under Section 28 of the U.P. Land Revenue Act, 19011. The petitioner also seeks to challenge the order dated 13.02.2012 passed by the Additional Commissioner (1st) Varanasi Division, Varanasi whereby the Revision No. 382 of 2010 filed there against has also been rejected.

(3.) The principal ground sought to be raised by the counsel for the petitioner is that the powers under Section 28 of the 1901 Act are to be exercised by the Collector and that the said powers cannot be delegated to any subordinate officer. It is submitted that the order dated 29.07.2010 which has been passed by the Additional Collector is without jurisdiction. It is further submitted that the order impugned passed by the Additional Collector is without notice and opportunity to the petitioner and as such the same has been passed in violation of the principles of natural justice.