Court No. - 19
Case :- WRIT - B No. - 2299 of 2019 Petitioner :- Krishna Kumar And 2 Others Respondent :- City Magistrate And 2 Others Counsel for Petitioner :- Mridul Kumar Counsel for Respondent :- C.S.C.,Anand Kumar Yadav
Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioners and Shri Anand Kumar Yadav, counsel representing respondent no.3-Gaon Sabha.
The present writ petition has been filed against the order dated 18.3.2019 dismissing the restoration application filed by the petitioners. The restoration application was filed for recall of certain orders passed under Section 48 (3) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (in short the Act, 1953) by the Deputy Director of Consolidation.
It has been stated that the orders have been passed by the City Magistrate acting as the Deputy Director of Consolidation after the District Magistrate delegated his powers under Section 48 to the concerned City Magistrate.
In view of the judgment of the Court in Writ B No.548 of 2019 the delegation of power by the District Magistrate was illegal and the District Magistrate could not sub-delegate his powers to the City Magistrate. The aforesaid position is admitted by the counsel for the Gaon Sabha.
For the aforesaid reason, the order dated 18.3.2019 passed by the Deputy Director of Consolidation, Jalaun at Urai is hereby quashed.
The writ petition is allowed.
Order Date :- 26.9.2019 Jyotsana