Vishwanath Gangaram Ghugare vs State of Maharashtra and Others

H.W. Dhabe, J.—The only point raised in this writ petition is that the Tahsildar, Yavatmal, cannot exercise the jurisdiction of the State Government u/s 80-A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short, the "Tenancy Act"). It is also urged that u/s 119 of the Tenancy Act the State Government can delegate any of its powers under the Tenancy Act to any of its officers not below the rank of Assistant or Deputy Collector. The submission thus is that since the Tahsildar is below the rank of an Assistant or Deputy Collector, the powers of the State Government u/s 80-A of the Tenancy Act cannot be delegated to him.

It cannot be disputed that a Tahsildar in the set up of the Revenue Officers of the State is an officer below the rank of an Assistant or Deputy Collector. The submission made on behalf of the petitioner is therefore, well founded. The power of the State Government u/s 80-A of the Tenancy Act cannot be delegated to the Tahsildar. Even as per the Notification issued by the State Government No. MGT 4162/109467-M dated 31-7-1962 1962 N.L.J.N93, the power of the State Government u/s 80-A is delegated to the Collectors, Assistant Collectors and the Sub-Divisional Officers and not to the Tahsildars. The impugned order passed by the Tahsildar u/s 80-A of the Tenancy Act is, therefore, clearly incompetent and without jurisdiction and is liable to be set aside.

In the result, the instant writ petition is allowed. The impugned order of the Tahsildar is set aside. Rule made absolute in the above terms. No costs.