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2019 DIGILAW 2713 (ALL)

Seetla v. State of U. P.

2019-12-05

YOGENDRA KUMAR SRIVASTAVA

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JUDGMENT : Yogendra Kumar Srivastava, J. 1. Heard Sri Rajesh Kushwaha, learned counsel for the petitioner, Sri R.N.Yadav, learned counsel for the fourth respondent and Sri Shree Prakash Singh, learned Standing Counsel appearing for the State respondents. 2. The present petition seeks to raise a challenge to an order dated 29.07.2010 passed by the Additional Collector (Land Revenue) Jaunpur in Case No. 58 (Lootu Vs. Seetla) in proceedings under Section 28 of the U.P. Land Revenue Act, 19011. The petitioner also seeks to challenge the order dated 13.02.2012 passed by the Additional Commissioner (1st) Varanasi Division, Varanasi whereby the Revision No. 382 of 2010 filed there against has also been rejected. 3. The principal ground sought to be raised by the counsel for the petitioner is that the powers under Section 28 of the 1901 Act are to be exercised by the Collector and that the said powers cannot be delegated to any subordinate officer. It is submitted that the order dated 29.07.2010 which has been passed by the Additional Collector is without jurisdiction. It is further submitted that the order impugned passed by the Additional Collector is without notice and opportunity to the petitioner and as such the same has been passed in violation of the principles of natural justice. 4. Per contra learned counsel appearing for the fourth respondent and also the learned Standing Counsel have pointed out that in terms of the provisions under the 1901 Act, the expression "Collector" would include "Additional Collector" also. It has further been pointed out that the records of the case indicate that upon the application filed by the fourth respondent seeking correction of the map an enquiry report was sought from the Naib Tehsildar and thereafter notice was issued to the petitioner whereupon the petitioner duly filed his objections but did not appear thereafter. Accordingly, it has been submitted that the grievance of the petitioner with regard to notice and opportunity having not been granted to him is contrary to the material on record. 5. The question which falls for consideration in the present case is as to whether the powers which are to be exercised by the Collector under Section 28 of the 1901 Act would be exercisable by the Additional Collector also. 6. In order to appreciate the rival contentions the provisions under the 1901 Act may be adverted to. 7. 5. The question which falls for consideration in the present case is as to whether the powers which are to be exercised by the Collector under Section 28 of the 1901 Act would be exercisable by the Additional Collector also. 6. In order to appreciate the rival contentions the provisions under the 1901 Act may be adverted to. 7. It may be seen that that 1901 Act was enacted to consolidate and amend the law relating to land revenue and the jurisdiction of Revenue Officers in the State. The expressions “Revenue Court” and “Revenue Officer” have been defined under Section 4 (8) and Section 4 (9) of the 1901 Act. For ease of reference the said provisions are being extracted below: “(8) 'Revenue Court' means all or any of the following authorities (that is to say), the Board and all members thereof Commissioners, Additional Commissioners, Collectors, Additional Collectors, Assistant Collectors, Settlement Officers, Assistant Settlement Officers, Record Officers, Assistant Record Officers and Tahsildars: (9) 'Revenue Officers' means any officer employed under this Act, in maintaining revenue records, or in the business of the land revenue.” 8. The Act, 1901 envisages appointment of Collectors, Additional Collectors and Assistant Collectors in relation to a district, and the power to create a district is provided for in terms of Section 11 of the 1901 Act, which reads as under: “11. Power to create, alter and abolish divisions, district, tahsils and subdivisions. (1) The State Government may create new or abolish existing divisions or districts. (2) The State Government may alter the limit of any division, district or tahsil and may create new or abolish existing tahsil, and may divide any districts into subdivisions and may alter the limits of subdivisions. (3) Subject to the orders of the State Government under Subsection (2) all tahsils shall be deemed to be subdivisions of districts.” 9. In terms of Section 14 of 1901 Act the State Government is to appoint in each district an officer who shall be the Collector of the district, and shall throughout his district, exercise all the powers and discharge all the duties conferred and imposed on a Collector by the 1901 Act or any other law for the time being in force. Section 14, referred to above, reads as follows: “14. Section 14, referred to above, reads as follows: “14. Collector of the district: The State Government shall appoint in each district an officer who shall be the Collector of the district, and who shall throughout his district, exercise all the powers and discharge all the duties conferred and imposed on a Collector by this Act or any other law for the time being in force.” 10. The provision with regard to appointment of Additional Collector was brought in by insertion of Section 14A whereunder the State Government is empowered to appoint an Additional Collector in a district or in two or more districts combined who shall exercise such powers and discharge such duties of a Collector in such case or classes of cases as the Collector concerned may direct. For ease of reference Section 14A of the 1901 Act is being extracted below : “14A. Appointment, powers and duties of Additional Collectors (1) The State Government may appoint an Additional Collector in a district or in two or more districts combined. (2) An Additional Collector shall hold his office during the pleasure of the State Government. (3) An Additional Collector shall exercise such powers and discharge such duties of a Collector in such case or classes of cases as the Collector concerned may direct. (4) This Act and every other law for the time being applicable to a Collector shall apply to every Additional Collector, when exercising any powers or discharging any duties under subsection (3), as if he were the Collector of the district.” 11. The provision with regard to maintenance of map and the field book is contained under Section 28 of the 1901 Act, which is being reproduced below : “28. Maintenance of map and field book. The Collector shall in accordance with rules made under Section 234, maintain a map and field book of each village in his district and shall cause annually, or at such longer intervals as the State Government may prescribe, to be recorded therein all changes in the boundaries of each village or field and shall correct any errors which are shown to have been made in such map or field book.” 12. The aforementioned provisions as contained under the 1901 Act were taken note of by a Full Bench of this Court in the case of Brahm Singh Vs. The aforementioned provisions as contained under the 1901 Act were taken note of by a Full Bench of this Court in the case of Brahm Singh Vs. Board of Revenue and others[ AIR 2008 All 144 ] while considering the question as to whether the powers of Collector under Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 can be exercised by the Additional Collector, and it was held that the Additional Collector when he acts and discharges the duties and functions or exercises such powers of a Collector either under the 1901 Act or under any other Act for the time being in force, the powers would be deemed to have been exercised by him as Collector of the district under that Act. The relevant observations made in this regard are as follows : “14. It is the above provision under which the Additional Collector is appointed by the State Government. Subsections (3) and (4) of Section 14A in the present form were enacted by U.P. Act No. 21 of 1962. Under Subsection (3) of Section 14A, the Additional Collector exercises all such powers and discharges such duties of Collector in such cases or class of cases as the Collector concerned directs. Subsection (4) of Section 14A further provides that the Additional Collector while exercising power and discharging duties under Subsection (3) under this Act, i.e 1901 Act and under any other law for the time being applicable to the Collector, acts as a Collector of the district. In other words, the Additional Collector exercises powers and discharges duties under Subsection (3) of Section 14A as Collector of the district. Therefore, by legal fiction the order passed and the jurisdiction exercised by the Additional Collector by virtue of Subsection (3) of Section 14A would be deemed to be that of a Collector of the district because of Subsection (4) of Section 14A of 1901 Act. Thus, the Additional Collector when acts and discharges duties and functions or exercises such powers of a Collector either under 1901 Act or under any other Act for the time being in force, that would be deemed to have been exercised by him as Collector of the district under that Act. Thus, the Additional Collector has all the powers of a Collector under Sub-section (4) of Section 14A when he exercises power under Subsection (3) of Section 14A.” 13. Thus, the Additional Collector has all the powers of a Collector under Sub-section (4) of Section 14A when he exercises power under Subsection (3) of Section 14A.” 13. In terms of Section 28 of the 1901 Act although a duty is cast on the Collector for maintenance of map and field book, elaborate procedure in respect thereof is provided under the U.P. Land Records Manual as to the manner in which the survey operations are to be carried out with the help of the subordinate staff. The map prepared during the survey operations is maintained by the Lekhpal and the procedure for correction of map is provided for under the U.P. Land Records Manual. It is thus seen that the functions of the Collector under Section 28 are not necessarily to be performed by him in person but are to be performed through the officials of the revenue department who have been designated for the purpose. 14. From the foregoing discussion it may be concluded that the Additional Collector when he acts and discharges the duties and functions or exercises such powers of a Collector under the 1901 Act the same would be deemed to have been exercised by him as the Collector under the said Act. In other words it can be said that the Additional Collector when he exercises the powers or discharges the duties of a Collector wears the 'persona' of the Collector and is deemed to have acted as the Collector for the purpose of exercise of such powers and discharge of such functions under the 1901 Act. 15. The argument raised by the petitioner with regard to the Additional Collector not having jurisdiction to pass the order for correction of the map under Section 28 is thus legally not tenable. 16. The other argument which has been sought to be put forth by the petitioner with regard to the order impugned having been passed without notice or opportunity to the petitioner is also liable to be rejected in view of the specific finding recorded by the revisional court wherein it has been stated that upon the application filed by the fourth respondent seeking correction of the map an enquiry report was sought from the Naib Tehsildar and upon receipt of the said report notices were issued upon the petitioner, and upon service of notice the petitioner filed his objections and thereafter he did not appear. The assertion made by the petitioner that the proceedings were without notice or opportunity to him is thus contrary to the material on record which has also been noticed by the revisional authority. The contention of the petitioner with regard to violation of principles of natural justice therefore cannot be accepted. 17. No other point has been urged. 18. Counsel for the petitioner has not been able to point out any material error or irregularity in the orders which are sought to be challenged so as to warrant interference of this Court in exercise of powers under Article 226 of the Constitution of India. 19. The writ petition lacks merit and is accordingly dismissed.