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1988 DIGILAW 987 (ALL)

Ranjeet Singh v. State of Uttar Pradesh

1988-10-27

R.P.GUPTA

body1988
JUDGMENT R.P. Gupta, Member (Judicial). - The present revision is filed by Sri Ranjeet Singh against the State of U.P. on 14.3.78. 2. Briefly stated the facts of the case are that a lease granted in favour of the revisionist by Bhoodan Yagna Committee, Allahabad regarding plot no. 288/2 M. area 2 bigha situated in village Bhadri Tahsil Soraon district Allahabad. The said lease was cancelled by Additional Collector, Allahabad on. 2.8.76. The revision filed by Ranjeet Singh Pattedar before the Commissioner, Allahabad was dismissed by the Addl. Commissioner, Allahabad on 31.1.78. Now the present revision is filed in this Court. 3. I have heard the learned counsel for the parties. The learned D.G.C. (R) has raised a preliminary objection that order passed by Addl. Collector was an order passed by him under Section 15A of U.P. Bhoodan Yagna Act as amended by U.P. Act no. 10 of 1975 and as such this court can hear no revision under Section 333 of U.P.Z.A. & L.R. Act but the learned counsel for the revisionist argued that the Addl. Collector cancelled the patta under Section 198 of U.P.Z.A. & L.R. Act and as such the revision was maintainable under Section 333 of U.P.Z.A. & L.R. Act. He further argued that the Court of Collector being subordinate Court, Board of Revenue, U.P. can exercise revisional power. He relied on the 1976 R.D. 17. 4. I have considered the arguments of the learned counsel for the parties. Admittedly the patta cancelled was granted to the revisionist by Bhoodan Yagna Committee under U.P. Bhoodan Yagna Act. The patta was not granted by L.M.C. under U.P.Z.A. & L.R, Act. Though the Addl. Collector registered the case under Section 198 of U.P.Z.A. & L.R. Act but in fact the case was of Section 15A of U.P. Bhudan Yagna Act, as there is no other provision for the cancellation of the patta granted by Bhoodan Yagna Samittee. It is immaterial that the Addl. Collector wrongly got the case registered under Section 198 of U.P.Z.A. & L.R. Act. The fact remains that the patta was cancelled under Section 15A of U.P. Bhoodan Yagna Act. 5. The Section 15A of U.P. Bhudan Yagna Act as amended by U.P. Act no. 10 of 1975 is as follows : - Insertion of new Section 15A. Collector wrongly got the case registered under Section 198 of U.P.Z.A. & L.R. Act. The fact remains that the patta was cancelled under Section 15A of U.P. Bhoodan Yagna Act. 5. The Section 15A of U.P. Bhudan Yagna Act as amended by U.P. Act no. 10 of 1975 is as follows : - Insertion of new Section 15A. - After Section 15 of the principal Act, the following new Section shall be inserted, namely : "15/4. Cancellation of certain grants : - (1) The Collector may of his own motion and shall on the report of the committee or on the application of any person aggrieved by the grant of any land made under Section 14, whether before or after the commencement of the Uttar Pradesh Bhoodan Yagna (Amendment) Act, 1975, inquire into such grant, and if he is satisfied that the grant was irregular or was obtained by the grantee by misrepresentation or fraud, he may - (i) cancel the grant, and on such cancellation, notwithstanding anything contained in Section 14 or in any other law for the time being in force, the rights, title, and interest of the grantee or any person claiming through him in such land shall cease, and the land shall revert to the committee ; and (ii) direct delivery of possession of such land to the committee after ejectment of every person holding or retaining possession thereof, and may for that purpose use or cause to be used such force as may be necessary. (2) Notice of every proceeding under sub-section (1) shall be given to the committee; and any representation made by the committee in relation thereto shall be taken into consideration by the Collector. (3) No order shall be passed under sub-section (1) except after giving an opportunity of being heard to the grantee or any person known to the Collector to be claiming under him. (4) The order of the Collector passed under sub-section (1) shall be final and conclusive." 6. A perusal of the section indicates that the order passed by the Collector is final and conclusive as provided under Section 15A (4) of the Act. It is neither subject to appeal nor subject to revision by a Court of law. 7. (4) The order of the Collector passed under sub-section (1) shall be final and conclusive." 6. A perusal of the section indicates that the order passed by the Collector is final and conclusive as provided under Section 15A (4) of the Act. It is neither subject to appeal nor subject to revision by a Court of law. 7. No doubt in Rimautar v. Nathuram, 1976 (2) R.D. 17 it was held that the appellate court can interfere in revision for the purpose of rectifying the error of the court below. This ruling however is of no help to the revisionist patta was neither granted nor cancelled under the provision of U.P.Z.A. & L.R. Act and as such no revision could have been filed under section 333 or 333A of U.P.Z.A. & L.R. Act. 8. In fact the court of Collector mentioned in Section 15 of U.P. Bhoodan Yagna Act was persona designate, and as such the Board cannot exercise revisional power in the matter. Intention of legislature is clear from section 15A (4) of the Act, where it was mentioned that the order of the Collector passed under sub-section (1) shall be final and conclusive. Thus it is clear that the order passed under Section 15A of U.P. Bhoodan Yagna Act by the Collector or Addl. Collector exercising all the power of the Collector, is not revisable and no revision lies against it under Section 333 or 333A of U.P.Z.A. & L.R. Act. The present revision is accordingly dismissed, parties shall bear their own cost.