9911796707
TMI Blog2007 (4) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... he land admittedly belongs to Government. The appellants, by their application dated 15-5-1995 requested the Collector to grant mutation in their favour, in which it is stated that they have purchased the debris and not the land from Mahanth Govind Das. The Deputy Collector, having considered the application so submitted by the appellants found the holder of grant Mahant Govind Das sold the debris of residential building and the shops along with the possession through the registered sale deed in favour of the applicants on 2-5-1995. In case the debris is removed due to violation of the grant, then there is possibility of starting of unnecessary litigation and if Pakka houses are removed, then many legal hurdles might arise, which are not benefit the State government. Therefore it is not appear proper to dispossess them from the land. (sic) The Deputy Collector however, disposed of the application directing the transfer of the land itself in the names of the appellants on payment of land revenue at ₹ 157.50 paise. The District Magistrate, Kotdwar Garhwal vide show- cause notice issued on 5-4-1999 required the appellants herein to show-cause as to why the grant of the land ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own as Sub-Divisional Officer and therefore, it cannot be said that the lease granted was without jurisdiction. The High Court found that the appellants did not purchase the land but what they have purchased under the registered sale deed was Malwa (debris of constructions). The Sub-Divisional Officer, according to the High Court, could not have passed any order directing transfer of the land in favour of the appellants based on the sale deed executed by Mahanth Govind Das. In terms of G.O.150/1/185(24)-6010, dated 09-10-1987, the Sub- Divisional Officer/Deputy Collector had no authority to accord approval of grant of land inasmuch as the authority stood vested only with the Collector of the District to accord approval up to certain limit for residential purpose. The High Court also found that the appellants' application for transfer was not made under the provisions of the U.P. Zamindari Abolition and Land Reforms Rules. The High Court further held that no foundational facts have been pleaded by the appellants that the conditions existed for securing allotment of land under the said provisions. The appellants' claim does not fall under any of the categories in respect of w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allotted the land in favour of Mahanth Govind Das and thereafter transferred the same in favour of the appellants. It is only after the disposal of the writ petition and during the pendency of this appeal, the appellants addressed a letter to the District Collector requiring him to furnish information with regard to order passed by him withdrawing the powers of the Sub- Divisional Officer in the matter of allotment of lands. On consideration of the entire material available on record, it appears to us, that what has been withdrawn by the District Collector is obviously with reference to the power conferred upon the Sub-Divisional Officer to execute the lease deed for and on behalf of the Governor of the State. No provision of law is brought to our notice under which the Sub-Divisional Officer could have allotted the land initially to Mahanth Govind Das and thereafter transferred the same to the appellants. The High Court, after an elaborate consideration of the matter, in clear and categorical terms, found that the Sub- Divisional Officer had no jurisdiction vested in him to grant/allot the Government land and the power vests only with the District Collector. The appellants did ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lot the land in favour of the appellants after canceling the grant made in favour of Mahanth Govind Das. Having found that Mahanth Govind Das violated the terms and conditions of grant, the Sub-Divisional Officer cancelled the grant of lease and imposed penalty of ₹ 2000/- upon Mahanth Govind Das and simultaneously effected transfer of the land in favour of the appellants. Assuming that the Sub- Divisional Officer had the authority and jurisdiction to grant lease of the land for non-agricultural purposes, at the most he could have considered the application of the appellants on merits in order to decide as to whether they were entitled to grant of any Government land, but under no circumstances the Sub-Divisional Officer could have passed orders transferring the land in the names of the appellants. It is true in the show cause notice issued on 5.4.1999 by the District Magistrate there is no mention about the order dated 9.7.1992 withdrawing the powers conferred upon the Sub-Divisional Officer in the matter of according grant of lease of government lands. It is, however, stated that the Parganadhikari/Sub-Divisional Officer is not authorized to grant land, under the Government ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the High Court observed that: if the High Court had quashed the said order, it would have restored an illegal order; it would have given the Health Centre to a village, contrary to the valid resolutions passed by the Panchayat Samithi. The Supreme Court opined that the High Court was right in refusing to exercise its extraordinary discretionary power under Article 226 of the Constitution of India. In M.C.Mehta v.Union of India , this Court, relying upon Venkateshwara Rao (1 supra) observed; the above case is clear authority for the proposition that it is not always necessary for the Court to strike down an order merely because the order has been passed against the petitioner in breach of natural justice. The Court can under Article 32 of Article 226 refuse to exercise its discretion of striking down the order if such striking down will result in restoration of another order passed earlier in favour of the petitioner and against the opposite party, in violation of principles of natural justice or is otherwise not in accordance with law. In our view, on the admitted and indisputable facts set out above, any interference with the impugned order of the Distric ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
