RAJKUMAR AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in this writ petition is assailing the Order P-1 passed by Tahsildar, Huzur, District - Rewa on 13.8.2001. Tahsildar has rejected the application filed by the petitioner for mutation on the ground that as per Order P-2 dated 3.11.2000 passed by Collector, District - Rewa The power of mutation with respect to the land within the urban area has been conferred on Supdt. Land Records (Diversion). The petitioner submitted that diversion is not involved in the matter in question as such the Tahsildar has the jurisdiction. Power of Tahsildar has not been taken away as per Order dated 3.11.2000 and the Order dated 3.11.2000 restores the arrangement as per Memo No. 67/Nazul-5/79-diversion, Gwalior dated 22.6.1979. The memo P-5 dated 22.6.1979 was issued by the Commissioner Land Records & Settlement authorizing mutation be made along with diversion as the case of diversion has to be decided by the Supdt. Land Records; power of mutation in such case has been conferred vide memo P-5. Thus, petitioner submits that the Order P-1 passed by Tahsildar is bad in law and powers of Tahsildar of ordering mutation has not been taken away in the cases where diversion is not necessitated and application is simpliciter, for mutation.

(2.) IN the return filed by respondents it is contended that Collector of a district is competent to allocate the various work of the Collectorate to be discharged by different revenue officers under his administrative control. The administrative function of the Collector cannot be questioned by way of writ petition. It is also contended that mutation proceedings which were earlier decided by the Supdt. Land Records relating to urban area, were directed to be decided by Tahsildar by the Collector, Rewa vide Order dated 24.1.1992 and in compliance thereof the SDO, Tahsil -Huzur, District - Rewa had restrained the Supdt. Land Record from exercising any power relating to mutation proceedings of Rewa town and the same has been entrusted to Tahsildar, Huzur, District - Rewa. The said order was passed in compliance of the order passed by the Collector. Subsequently, the order has been cancelled by the Collector, Rewa vide order dated 3.11.2000 in compliance of the Commissioner, Land Records order dated 10.10.2000 whereby it is provided that mutation proceedings of the Rewa town shall be decided by the Supdt., Land Records (Diversion). Thus, the order passed is proper. The power under section 109 and 110 of M.P. Land Revenue Code can be conferred upon any Revenue Officer by the State Government in terms of section 24 of the M.P. Land Revenue Code. Since the State Government has already conferred the powers of mutation on the Supdt. Land Records (Diversion) as per Notification dated 23.11.1966, the Collector vide order dated

(3.) MS . Jailaxmi Ayyer, learned Panel Lawyer appearing on behalf of respondents contended that order P-l is proper and calls for no interference and is based on order P-2 passed by the Collector, District - Rewa.