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2019 DIGILAW 826 (ALL)

Kunwar Pal v. Deputy Director of Consolidation

2019-04-02

ANJANI KUMAR MISHRA

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JUDGMENT : Anjani Kumar Mishra, J. 1. Heard learned Counsel for the petitioner and Shri Mridul Kumar for the respondents 2 to 6 as also the learned Standing Counsel for the State-respondents. 2. Challenge in the writ petition is to the order dated 04.12.2018 passed by the Deputy Director of Consolidation / City Magistrate, Orai. 3. Apart from challenge to the order on its merits, the primary contention of counsel for the revisionist was that the City Magistrate cannot be delegated the power of a Deputy Director of Consolidation and therefore, the order impugned is wholly without jurisdiction. 4. On this argument being raised, the following order was passed on 12.03.2019- "Learned Standing Counsel is directed to obtain instructions and to produce the order where under the power of a Deputy Director of Consolidation has been delegated to the opposite party no. 1, who prima facie appears to be the City Magistrate. It has been argued that in view of Section 3(4) A and 3(4) B, a City Magistrate cannot be or exercise the powers of the Deputy Director of Consolidation. Put up as fresh on 15.03.2019." 5. The instructions that have been received, copy whereof is taken on record, has annexed thereto, a letter dated 14.06.2017 issued by the District Magistrate, Jalaun. By this order and since the Court of the Deputy Director of Consolidation was vacant the Additional District Magistrate (Finance and Revenue) had been authorized to exercise the powers of a Deputy Director of Consolidation. 6. Subsequently, by letter dated 04.10.2018, Shri Jagdamba Prasad Singh, City Magistrate, Orai was authorized by the District Magistrate, Jalaun to discharge the function of the Deputy Director of Consolidation as per the corrigendum issued on 05.10.2018. 7. The aforesaid delegation has been justified by learned Standing Counsel on the basis of the certificate wherein while assuming charge, the Additional City Magistrate-III, Varanasi, Shri Jagdamba Prasad Singh, has mentioned that he is working in the Pay Scale of Rs.10,000.00-15,200.00 as on 01.06.2006 and as per revised pay scale is in Pay Band of Rs.15,600.00-39,100.00 Grade Pay 6600.00. 8. The aforesaid delegation has been justified by learned Standing Counsel on the basis of the certificate wherein while assuming charge, the Additional City Magistrate-III, Varanasi, Shri Jagdamba Prasad Singh, has mentioned that he is working in the Pay Scale of Rs.10,000.00-15,200.00 as on 01.06.2006 and as per revised pay scale is in Pay Band of Rs.15,600.00-39,100.00 Grade Pay 6600.00. 8. Referring to Section 3(4A) of the U.P. Consolidation of Holdings Act, the submission of counsel for the petitioner is that the Deputy Director of Consolidation is a person appointed as such, by the State Government to perform duties of the Director of Consolidation as may be delegated to him by the State Government and shall include a District Deputy Director of Consolidation and Assistant Deputy Director of Consolidation. 9. It is, therefore, contended that the Deputy Director of Consolidation is to be appointed by the State Government and he performs the duties of the Director of Consolidation delegated to him. Therefore, in view of the said provision, even the District Deputy Director of Consolidation in exercise the powers of the Director of Consolidation delegated to him. 10. It is also settled law that delegated powers cannot be subdelegated or delegated any further. This is precisely what the Collector, the District Deputy Director of Consolidation, Orai, has been doing. The exists no provision under the U.P. Consolidation of Holdings Act, which authorities the District Deputy Director of Consolidation to delegate the process of the Director of Consolidation delegated to him by the State Government. 11. Although, time had been granted to the learned Standing Counsel to justify the action, no material has been brought on record in this regard. 12. Under the circumstances, this Court has no hesitation in holding that the sub-delegation of his delegated powers by the District Deputy Director of Consolidation upon the City Magistrate is without any sanction of law. The City Magistrate is therefore, not competent to act as the Deputy Director of Consolidation and for this reason alone, the order impugned passed by him is wrongly without jurisdiction and is liable to be set aside. 13. Accordingly, the writ petition is allowed. The City Magistrate is therefore, not competent to act as the Deputy Director of Consolidation and for this reason alone, the order impugned passed by him is wrongly without jurisdiction and is liable to be set aside. 13. Accordingly, the writ petition is allowed. The impugned order dated 04.12.2018 passed by the Deputy Director of Consolidation / City Magistrate, Orai is hereby, set aside and the matter is remitted back to the District Deputy Director of Consolidation to either decide the revision himself or to transfer it to some other duly constituted authority, namely, the Deputy Director of Consolidation or Assistant Director of Consolidation for deciding the revision on its merits, after hearing the parties.