Aspat Ram vs State of U.P.

N.S. Ravi, Member.

This revision has been filed against interim order passed by Additional Collector Lalitpur on 2062003 in a proceeding of patta cancellation under Section 198(4) of the U.P.Z.A. and L.R. Act.

It appears from the papers that on the basis of tehsil report action for cancellation of patta was initiated on 10102002 by Collector Lalitpur and the case was transferred to the Courts of Additional Collector Lalitpur for disposal of the case. The revisionist filed his preliminary objection before the Additional Collector on 2652003 raising the question of limitation that the action was highly time barred as the patta was sanctioned on 14380 so the action for cancellation of patta could be initiated within five years. The learned Additional Collector holding that no time limitation for suomoto action for cancellation of patta is laid down in the law, cancelled his objection and fixed the case for hearing for 572003.

By U.P. Act No. 11 of 2002 Section 198(4) has been amended thereby giving powers of cancellation of patta to Assistant Collector First Class, Incharge of the subdivision and by the same Act a subsection (4)(a) has been introduced thereby giving the powers of revision to Collectors. The section is reproduced here:

(4A) The Collector may on his own motion or on the application of any aggrieved person call for the record of any suit or proceeding under subsection (4) decided by the Assistant Collector Incharge of the subdivision for the purpose of satisfying himseIf as to the legality or propriety of any order passed in such suit or proceeding and if such Assistant Collector Incharge of the subdivision appears to have

(i) exercised a jurisdiction not vested in it by law, or

(ii) failed to exercise a jurisdiction so vested, or

(iii) acted in the exercise of jurisdiction illegally or with material irregularity the Collector may pass such order in the case as he thinks fit and every order passed by the Collector under this subsection shall be final.

Thus with effect from 2072002 the powers for cancellation of patta have been vested in the Assistant Collector First Class Incharge of the subdivision and not in the Collectors. Therefore the action initiated at the level of Collector is illegal.

As a result, the revision is allowed and interim order passed by Additional Collector dated 2062003 is set aside. The proceedings for cancellation of patta initiated at the level of Collector are transferred to the Court of Assistant Collector First Class Incharge of the subdivision concerned, who will decide the case in accordance with law.

Revision allowed.