1. Present writ petition is filed by the petitioner, challenging the order dated 14.10.2020 passed by the Collector, District Amethi in Case No.652 of 2020 "Bhupendra Singh vs. Tehsildar, Gauriganj and others".
2. The facts of the case are that the Tehsildar, Gauriganj, District Amethi initiated proceedings under Section 67 of the U.P. Revenue Code (for short 'the Code') against the petitioner for his eviction on the ground that he is on wrongful and unauthorized occupation of the property of the Gaon Sabha and by an order dated 15.09.2020, eviction order was passed by the Tehsildar, Gauriganj, District Amethi. Against the said order, the petitioner preferred an appeal under Section 67 of the Code before the Collector, District Amethi. After hearing the appeal, the Collector, District Amethi, by his order dated 14.10.2020, finding that proper opportunity of hearing was not given to the petitioner, remanded the matter back to the Tehsildar, Gauriganj, District Amethi with a direction that the matter may be decided expeditiously on merits, after giving proper opportunity of evidence and hearing to the petitioner. Present writ petition is filed against the aforesaid order dated 14.10.2020 passed by the Collector, District Amethi.
3. Learned counsel for the petitioner has raised a ground that proceedings under Section 67 of the Code can be initiated and decided by an Assistant Collector and, therefore, the Tehsildar would not have any jurisdiction to hear the said proceedings. He further submits that there is no delegation of power made under the Code and, therefore, in absence of any such delegation, the Tehsildar cannot exercise the power of Assistant Collector.
4. Learned Standing Counsel has filed a counter affidavit and submitted that on 29.12.2020, such a notification has been issued by the State Government, whereby the powers of the Assistant Collector with regard to Section 67 of the Code are delegated to the Tehsildar and Tehsildar (Judicial) w.e.f. 11.2.2016 and, therefore, the Tehsildar and Tehsildar (Judicial) can exercise power of the Assistant Collector.
5. Learned counsel for the petitioner submits that there cannot be any retrospective delegation of power by a notification and such power can be exercised by the Tehsildar only with effect from the date of notification i.e. 29.12.2020. He submits that since the present proceedings were initiated much before that, therefore, the same are not maintainable.
6. I have heard learned counsel for the petitioner Sri Girish Chandra Sinha, learned Standing Counsel for the State Sri V.P. Nag, Sri Pankaj Gupta for the private respondent and perused the record.
7. Section 230 of the Code reads as follows:
"230. Repeal- (1) The enactments specified in the First Schedule are hereby repealed.
(2) Notwithstanding anything contained in sub-section (1), the repeal of such enactments shall not affect-
(a) the continuance in force of any such enactment in the State of [Uttarakhand] "Uttaranchal" by U.P. Act No.4 of 2016 (w.e.f. 16.12.2015);
(b) the previous operation of any such enactment or anything duly done or suffered thereunder; or
(c) any other enactment in which such enactment has been applied, incorporated or referred to; or
(d) the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title or obligation or liability already acquired, accrued or incurred (including, in particular, the vesting in the state of all estates and the cessation of all rights, title and interest of all the intermediaries therein), or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted or the proof of any past act or thing; or
(e) any principle or rule of law or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction, exemption, office or appointment :
Provided that anything done or any action taken (including any rules, manuals, assessments, appointments and transfers made, notifications, summonses, notices, warrants, proclamations issued, powers conferred, leases granted, boundary marks fixed, records of rights and other record prepared or maintained, right acquired or liabilities incurred) under any such enactment shall, in so far as they are not inconsistent with the provisions of this Code, be deemed to have been done or taken under the corresponding provisions of this Code, and shall continue to be in force accordingly, unless and until they are superseded by anything done or action taken under this Code." (Emphasis added)
8. A perusal of proviso to Section 230 of the Code, clearly shows that all the notifications and powers conferred under the earlier Act, which are not in-conflict with the U.P. Revenue Code, continue to be in force.
9. Admittedly, under Section 122-B of the U.P.Z.A. and L.R. Act, 1950, similar provisions existed and powers of the Assistant Collector under the said Acts were delegated to the Tehsildars. In State of U.P., since the very initial stage, such powers are exercised by the court of Tehsildar.
10. Learned counsel for the petitioner could not point out any conflict between the provisions of U.P. Revenue Code with the earlier notifications or power conferred upon the Tehsildar. In absence of any conflict, and Sections being parallel to the earlier Acts, the conferment of power is saved under Section 230 of the Code.
11. The Notification dated 29.12.2020 issued by the State Government, at best, is only clarificatory and reconfirms the position which always existed under law. Therefore, there is no force in the ground raised by learned counsel for the petitioner.
12. In view of aforesaid, present writ petition is dismissed.
13. However, respondent no.2-Tehsildar, Gauriganj, District Amethi, is directed to decide the proceedings as directed by the Collector, District Amethi, by his order dated 14.10.2020, as expeditiously as possible.
14. It is made clear that the Tehsildar, Gauriganj, District Amethi, shall not grant any unnecessary adjournments including on the ground of strike of lawyers.
15. The other connected matters i.e. Writ Petition Nos.25301 (MS) of 2020 and 894 (MS) of 2021 are delinked from this writ petition.
Order Date :- 27.8.2021 Sachin