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Allahabad High Court · body

1987 DIGILAW 926 (ALL)

Ranvir Singh v. State

1987-09-15

M.M.GOPAL, S.K.LAKHTAKIA

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JUDGMENT M.M. Gopal, Member - This is a review petition against the order dated March 23, 1982 filed against the order of the Additional Commissioner, Meerut Division, Meerut dated November 30, 1981. This revision has arisen out of a proceeding under Section 198(2) of the U.P. Zamindari Abolition and Land Reforms Act in which the Patta of the revisionist had been cancelled by the S.D.O. vide his order dated September 3, 1968. On revision the case was remanded again to him but again be cancelled the Patta by his order dated April 25, 1973. Another revision was again filed against that order and the case was again remanded to the S.D.O. by the Board vide its order dated January 30, 1976. The case met the same fate again and the Patta was again cancelled on March 16, 1979 against which this revision came up before the Board and was finally disposed of by a single Member on March 23, 1982. 2. Heard the learned counsel for both the parties. Perused the record. 3. The learned counsel for the revisionist argued that the powers of the S.D.O. have been withdrawn by the State with regard to the cancellation of the Patta granted under Section 198(1) of the U.P. Z.A. and L.R. Act and this power now vests in the Collector. He argued that final orders by the S.D.O. were passed on March 16, 1979 when he had no jurisdiction to decide this case and this fact has been omitted from being noticed by the learned Member, hence this is an error manifest on the record and the order of the S.D.O. was bound to be set aside. We find force in this contention. The powers of the S.D.Os had been withdrawn before the relevant date by the State Government and a Patta could be cancelled only by a Collector and not by the S.D.O. The order of the learned Single Member therefore, suffers from an error apparent on the face of the record and, therefore, the same deserves to be set aside and the revision should be heard again on merits. 4. In view of the aforesaid legal mistake in not appreciating the relevant law this review petition is allowed and the order passed by the Single Member on March 23, 1982 set aside and the revision is restored. 4. In view of the aforesaid legal mistake in not appreciating the relevant law this review petition is allowed and the order passed by the Single Member on March 23, 1982 set aside and the revision is restored. Let this revision placed before the Member concerned for disposing it of on merits according to law.