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Allahabad High Court · body

2008 DIGILAW 2254 (ALL)

GRAM PANCHAYAT RAMPUR v. STATE OF U. P

2008-11-12

A.P.SAHI, ARUN TANDON

body2008
JUDGMENT By the Court.—The only ground raised for challenging the order issued by the Collector in exercise of power under Section 117 of U.P. Z.A. and L.R. Act, qua resumption of the land recorded in the name of the Gaon Sabha is that the Collector has no authority of law for issuing such a Notification in view of the Government Order dated 7.5.1981. 2. According to the petitioner, under the said Government Order, in respect of any land having market value more than Rs. 25,000/- it is the Commissioner alone who can exercise the power under Section 117 of the Act. 3. The contention raised on behalf of the petitioner is opposed by the learned Standing Counsel and it is pointed out that the Notification dated 7.5.1981, which creates restriction on the power of the Collector qua exercise of power under Section 117 of the Act to resume all or any of the things specified in the Schedule to the extent of the market value of the property of Rs. 25,000/- is confined to the cases were the land vested in Gaon Sabha is resumed for commercial department of the State referred to in Appendix IX of the Financial Hand Book Volume V Part-I or for any department of the Central Govt. The notification applicable in the facts of the case is dated 5.3.1974, a copy whereof has been produced before us. 4. We have gone through both the Government Orders and have examined the same. We find that under G.O. dated 7.5.1981 resumption of land where it is required for commercial department of the State Govt. of U.P. or for any departments of the Government of India the powers of the District Magistrate have been restricted to the valuation of Rs. 25,000/-. It is admitted on record that in the instant case land is not required for commercial department of the State of U.P. or for any department of Central Government. Therefore, the notification dated 7.5.1981 relied by the petitioner has no application. 5. Learned Standing Counsel has rightly pointed out that the Government Order applicable in the facts of the present case is dated 5th March, 1974. The said Government Order authorises the Collector of the District concerned qua exercise of power under Section 117 of the U.P. Zamindari Abolition and Land Reforms Act. 5. Learned Standing Counsel has rightly pointed out that the Government Order applicable in the facts of the present case is dated 5th March, 1974. The said Government Order authorises the Collector of the District concerned qua exercise of power under Section 117 of the U.P. Zamindari Abolition and Land Reforms Act. Under the said Government Order, absolutely no restriction with regard to the market value of the property in question has been referred to or provided for. 6. We, therefore, hold that the power of the Collector in the facts of the present case is with reference to the Government Order dated 5th March, 1974. Therefore, there is no illegality or infirmity in the order impugned, which may warrant any interference under Article 226 of the Constitution of India. 7. The writ petition is accordingly dismissed. ————