Court No. - 42
Case :- WRIT - C No. - 19904 of 2021 Petitioner :- Mahendra Pratap Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anand Prakash Srivastava,Ram Samujh Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
List of supplementary fresh cases has been revised. No one is present on behalf of the petitioner.
Learned Standing Counsel for the State respondents and Sri Bhupendra Kumar Tripathi, learned counsel for the gaon sabha are present.
Present petition has been filed challenging the impugned notice/order dated 28.7.2021 passed by the Sub Divisional Officer, Shahganj, District Jaunpur along with exparte order dated 15.12.2012 and the order dated 3.7.2021 passed by the Tehsildar (Judicial), Shahganj, Tehsil Shahgan, District Jaunpur.
Though the petitioner has alternative statutory remedy against the impugned order, however, on that date it was argued by the learned counsel for the petitioner that the order is without jurisdiction as the order has been passed by the Tehsildar and is thus without jurisdiction as he is not empowered to exercise powers of Assistant Collector.
Per contra, learned counsel for the respondents submits that by means of notification dated 29.12.2020 issued under Section 14(2) and and Section 219 of the UP Revenue Code, 2006 the Governor has empowered Tehsildar and Tehsildar (Judicial) to exercise powers of Assistant Collector under Section 67 of the Code. It was further pointed out that in fact the impugned order dated 15.12.2012 was passed under Section 122-B read with Rule 115-C of the UP ZA & LR Act and therefore, argument that was raised on that date was in fact not available to the petitioner.
In such view of the matter, this Court is of the opinion that the said argument advanced on the earlier date has no substance.
A copy of the notification dated 29.12.2020 placed before this Court is taken on record.
Insofar as any other issues that could have been argued before this Court on merits can be suitably considered by the appellate authority.
In such view of the matter, argument that the order of Tehsildar is without jurisdiction as he had no power to exercise powers of Assistant Collector is hereby rejected. However, for the purpose of consideration of other issues on merits the petitioner is at liberty to avail remedy as may be available before the appropriate authority in accordance with law.
Present petition is accordingly dismissed for the discussion made hereinabove.
Order Date :- 19.8.2021 Abhishek