Research › Browse › Judgment

Allahabad High Court · body

1992 DIGILAW 1180 (ALL)

Ashok Kumar v. Land Management Committee

1992-09-02

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This revision has been filed under Section 333 of U.P. Act No. 1 of 1951 against the order of Addl. Commissioner, Gorakhpur Division, Gorakhpur dated 23-9-1989 passed in Revision No. 1120/124/D of 1988 under Section 333-A of U.P. Act No. 1 of 1951. 2. In brief the facts of this case are that Tahsildar, Rudrapur, District Deoria fixed the date for auction of Pokhri No. 41 area 1.20 and 266 area 1.20 of village Barhpurva, Tahsil Nai, Pergana Salempur Majhauli, district Deoria. These tanks were auctioned by the Land Management committee on 28-10-1988 but it was not approved, therefore, the date was given by the Tehsildar that it will be auctioned again on 17-12-1988 at 11 a.m. at Tahsil Headquarter. Appeal was filed before the Collector against that order. The learned Collector set aside the order of Tahsildar dated 7-12-1988 and directed him to decide the objection in accordance with law and rules. Against this order of the Collector revision has been filed under Section 333-A of U.P. Act No. 1 of 1951 before the Addl. Commissioner, who has dismissed the revision on the ground that it is not maintainable against the order of Collector. 3. I have heard the learned counsel for both the parties. Perused the record. 4. Under Rule 115-S of U.P. Zamindari Abolition and Land Reforms Rules when any right for catching the fish in any tank of Pokhri in auction every person aggrieved by such auction has a right to file an objection before the Tahsildar, the Tahsildar is bound to decide that objection in accordance with law. The order of Tahsildar is appealable before the Collector. The order of the Collector will not be questioned in any court of law. In these circumstances of the fact no revision lies against such order of the Collector. The tanks in dispute have still not been auctioned, therefore, record should be sent immediately for further action. This revision has no force, therefore, it is accordingly dismissed.