Court No. - 49
Case :- WRIT - B No. - 2563 of 2019
Petitioner :- Ram Adhar
Respondent :- Majboot Singh And 5 Others
Counsel for Petitioner :- Hem Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Learned counsel for the petitioner is permitted to implead Deputy Director of Consolidation Jalaun, Settlement Officer Consolidation Jalaun and Consolidation Officer Jalaun as respondent Nos.6, 7 and 8 respectively.
Heard Sri Hem Pratap Singh learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of respondent Nos.6 to 8.
The petitioner has preferred the present writ petition with the prayer to set aside order daed 22.2.2019 passed by Deputy Director of Consolidation Jalaun/respondent No.6 in Revision No.1538 of1988 (Ram Adhar Vs.Majboot Singh and others) and in Revision No.1593 of 1988 (Sharbati Vs. Ram Adhar and others) as well as judgement and order dated 20.01.1988 passed by the Settlement Officer Consolidation Jalaun/respondent No.7, passed in Appeal No.30/572/80-81 and Judgement and order dated 02.06.1981 passed by the Consolidation Officer Jalaun/respondent No.8 in Case Nos.12713, 12715, 12716, 12717 (Ram Adhar Vs. Sharbati).
It is argued by Sri Hem Pratap Singh learned counsel for the petitioner that the order dated 22.02.2019 passed by the respondent No.6/Deputy Director of Consolidation Jalaun is without jurisdiction since the City Magistrate Orai namely Mr.
J.P. Singh was performing the duties of Deputy Director of Consolidation. It is further argued that in terms of the provisions of U.P. Consolidation of Holdings Act, 1953, the City Magistrate cannot be delegated the power of Deputy Director of Consolidation, specific plea in this regard has been taken in paragraph 21 to 25 of the writ petition. Learned counsel for the petitioner relied upon a judgement delivered by this Court in Writ B No.548 of 2019 (Kunwar Pal Vs. Deputy Director of Consolidation and 5 others) decided on 2.4.2019 as well as Writ B No.950 of 2019 (Ramu Kushwaha and another Vs. Bal Ram and 4 others) decided on 30.05.2019, copy of the aforesaid judgements are appended as Annexure No.14 to the writ petition.
In view of the order proposed to be passed, there is no need to issue notices to the private respondents.
Heard learned counsel for the parties present. With the consent of learned counsel for the parties present, the present writ petition is disposed of at the admission stage itself.
It has already been held by another co-ordinate Bench of this Court in the case of Kunwar Pal (supra), that the delegated powers cannot be sub-delegated or delegated any further. This is precisely what the Collector, the District Deputy Director of Consolidation, Orai, has been doing. There 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.
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.
Accordingly, the writ petition is allowed. The impugned order dated 22.02.2019 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.
Order Date :- 29.11.2019 saqlain