BHAGIRATH MALI Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) THIS only question involved and urged by the learned counsel for the petitioner while assailing the legality of the impugned order dated 12.9.2000 (Annexure P-3), passed by respondent No. 1. Additional Collector on the application made by the respondent No. 2 under section 20 (2) of M.P. Gandi Basti Kshetra (Sudhar Tatha Nirmoolan) Adhiniyam, 1976 (for short, Adhiniyam) is that the respondent No. 1 i.e. Additional Collector is not empowered to pass the impugned order. According to learned counsel, it is the Collector who is empowered to pass such orders under the Adhiniyam while disposing of Section 20 application. It is further contended that Collector does not include Additional Collector and secondly, Collector has no right to delegate his judicial powers to any other authority. Such as the one in this case to Additional Collector. It is on these submissions, learned counsel has urged that since the impugned order is admittedly passed by the Additional Collector whereas, it should have been passed by the Collector, it is bad in law and without jurisdiction and thus, liable to be set aside.

(2.) IN reply, learned counsel for the respondents have refuted the aforesaid submissions and have infact urged for upholding submissions and have infact urged for upholding of the impugned order. It is urged that submissions of learned counsel for the petitioner has absolutely no force, because Collector does include Additional Collector by virtue of Section 11 read with Section 17 of the MPLR Code. It is also pointed out that by order dated 20.7.1999 filed by respondent No. 2, the Additional Collector Indore is also conferred with the powers to decide the cases arising out of Adhiniyam. On these submissions, it is urged that Additional Collector was fully empowered and had possessed of with the jurisdiction to decide and pass the orders under the Adhiniyam including the one impugned in this writ.

(3.) HAVING heard the learned counsel for the parties and having perused the record of the case, I find no substance in this writ.