1. Heard learned counsels for parties.
2. Both the writ petitions are filed by the petitioner, Smt. Santosh Kumari, challenging the order dated 23.06.1992 passed by the Commissioner, Lucknow Division, Lucknow rejecting the objection of the petitioner filed under Rule 285-I of U.P. Z.A. & L.R. Rules, 1952 as well as entire sale and auction proceedings held on 16.07.1990 and for quashing of all other consequential proceedings and orders, if any. The first and foremost ground raised by petitioner is as to whether the Naib Tahsildar has jurisdiction to hold an auction of a property for recovery of public dues under the provisions of U.P. Zamindari Abolition & Land Reforms Act, 1950 (U.P. Z.A. & L.R. Act) and U.P. Zamindari Abolition & Land Reforms Rules, 1952 (U.P. Z.A. & L.R. Rules).
3. It is admitted between the parties that auction proceedings are held by Naib Tahsildar. Submission of learned counsels for petitioners is that auction could be held only by a Collector or by an Assistant Collector, who is duly authorized by the Collector to hold the said auction on his behalf and by no other person. Further submission is that Naib Tahsildar, only a subordinate revenue official, who is not given any power under the U.P. Z.A. & L.R. Act or Rules to hold such an auction, cannot hold it. The auction seriously prejudices the rights of the owner of the property, who, even in distress, is entitled for the best price of his property, which can only be achieved by a properly held auction through a responsible officer and such a serious matter cannot be left in the hands of subordinate revenue officials.
4. Submission on behalf of the counsels for the respondents is that there is no illegality in the auction held by the Naib Tahsildar. Attempt is made to draw power of Naib Tahsildar by making reference to the provisions of Land Revenue Act.
5. There is no dispute that the amount due upon the petitioners was recoverable as arrears of land revenue. Sections 281 to 286 of U.P. Z.A. & L.R. Act provides procedure to be adopted for attachment, lease and sale of land holding, movable or immovable property. Section 284 of the U.P. Z.A. & L.R. Act provides for attachment, lease and sale of land holding of a person for recovery of arrears of land revenue. Section 286 provides power to proceed against interest of defaulter in other immovable property. Rule 281 to 286 of U.P. Z.A. & L.R. Rules, 1952 provides the procedure for holding such auction. Relevant Rule for the purposes of present case is:-
"Rule 285-A. Every sale under Sections 284 and 286 shall be made either by the Collector in person or by an Assistant Collector specially appointed by him in this behalf. No such sale shall take place on a Sunday or other gazetted holiday or until after the expiration of at least thirty days from the date on which the proclamation under Rule 282 was issued.
The Collector may from time to time postpone the sale." (Emphasis added)
6. Therefore, in view of aforesaid rules, the auction can be conducted either by the Collector in person or by an Assistant Collector, specially appointed by him in this behalf. The U.P. Land Revenue Act, 1901 provides for the different Revenue Officers. Relevant sections for the purposes of our case are:-
"14. Collector of the district. - The [State Government] shall appoint in each district an officer who shall be the Collector of the district, and who shall throughout his district, exercise all the powers and discharge all the duties conferred and imposed on a Collector by this Act or any other law for the time being in force.
14A. Appointment, powers and duties of Additional Collectors.-(1) The [State Government] may appoint an Additional Collector in a district or in two or more districts combined.
(2) An Additional Collector shall hold his office during the pleasure of the [State Government].
(3) An Additional Collector shall exercise such powers and discharge such duties of a Collector in such case or classes of cases as the Collector concerned may direct.
(4) This Act and every other law for the time being applicable to a Collector shall apply to every Additional Collector, when exercising any powers or discharging any duties under sub-section (3), as if he were tire Collector of the district.
15. Assistant Collectors. - (1) The [State Government] may appoint to each district as many other persons as it thinks fit to be Assistant Collector of the first or second class.
(2) All such Assistant Collectors and all other revenue officers in the district, shall be subordinate to the Collector.
17. Tahsildar and Naib-Tahsildars. - The [State Government] may appoint to each district as many persons as it may think fit to be Tahsildars and Naib-Tahsildars [* * *].
19. Subordination of Revenue Officers. - Every Revenue Officer of a Sub-division of a district shall be subordinate to the Assistant Collector (if any) in-charge of such sub-division, subject to the general control of the Collector."
7. In view of aforesaid sections, more specifically Section 14, 14A and 15 of the Land Revenue Act, 1901, it is clear that the post of Collector, Additional Collector and Assistant Collector are entirely different than the Tahsildar and Naib Tahsildar. The Tahsildar and Naib Tahsildar, as per Section 19, are only subordinate revenue officers, subordinate to the Assistant Collector in-charge of such sub-division. The Collector, who is required by the rules to hold auction in person may delegate his powers to any Assistant Collector but the said powers cannot be delegated to Tahsildar or Naib Tahsildar. They can only work subject to the general control of the Collector. However, under the garb of the said general control, they cannot hold auction proceedings which are to be held as per the U.P. Z.A. & L.R. Rules. Under the U.P. Z.A. & L.R. Rules, it is only the Collector or Assistant Collector appointed by him for the said purposes, who has jurisdiction to conduct the auction. Therefore, the auction conducted by the Naib Tahsildar or any subordinate official is without jurisdiction and the same cannot stand. Reference may be made to the judgment of the Division Bench of this Court in case of Rakesh Verma Vs. District Magistrate, Ambedkar Nagar and Others reported in (2017) 35 LCD 408. In paragraph-12 of the said judgment, the Division Bench held:-
"12. In the instant case, as observed above, the entire proceedings of the auction were conducted by the Naib Tehsildar and hence, it can be said that the auction was made by the Naib Tehsildar and not by the Sub Divisional Officer, who merely affixed his signature on the bid sheet. We do not find ourselves in disagreement with the findings recorded by the Collector while passing the impugned order in this regard. The auction sale dated 09.03.2004 being in clear violation of the Rules, has rightly not been confirmed and on the said ground no right can be said to have accrued in respect of the subject matter of the auction sale in favour of either the mother of the petitioner or petitioner himself. To that extent, the writ petition cannot succeed."
In view thereof, the entire auction proceeding and all consequential acts are dehorse of any power and are liable to be set aside.
8. Further, the owner of the property is also entitled to the best price in the auction. The best price can be achieved only by holding a proper auction through a responsible officer. Such a right of the owner of the property cannot be taken lightly and left in the hands of the subordinate revenue officials. The same has to be exercised by the responsible officer of the district as provided under the Act.
9. Counsel for the petitioner has raised certain other grounds also for challenging the auction proceedings but since, on the aforesaid ground alone, the auction proceedings are found to be held without any jurisdiction, therefore, this court need not to go into the remaining grounds.
10. In view of aforesaid, the impugned order dated 23.06.1992 as well as entire sale and auction proceedings held on 16.07.1990 and all other consequential proceedings are set aside.
11. With the aforesaid, both the writ petitions are allowed.
Order Date :-06.09.2018 Arti/-
(Vivek Chaudhary,J.)