9911796707
TMI Blog1942 (1) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... invalid, purported to terminate it. Against his order an appeal was made to the Commissioner, Northern Division. The Commissioner held that the lease of 1918 was ultra vires of the Collector, but that the Collector in 1933 had no power to review his predecessor's order. The commissioner, however, acting as a revising authority under Section 211 of the Bombay Land Revenue Code, purported to terminate the lease of 1918, and directed that the tenancy should be treated as an annual one. Notice of that order was in due course served upon the appellant, and he filed this suit in which he asked for a declaration that the lease of 1918 was binding on Government and for an injunction restraining Government from obstructing the plaintiff's en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and the order of forfeiture founded upon it were invalid, then the appellant was not bound to appeal from them but was entitled to wait until he was attacked. This has been laid down in many cases the last of which is Laxmanrao Madhavrao v. Shriniwas Lingo Mr. Justice Baker said (p. 176) :- The real question in this appeal is whether the order made by the Commissioner was one which he had power to make under section 211 of the Land Revenue Code. As has been pointed out by the learned Chief Justice, whose judgment I have had the advantage of perusing, it is settled law that when an order is invalid, it need not be set aside.... 5. He also referred to Laxmanrao's case. Before Mr. Justice Blackwell the Government Pleader of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30 Bom. L.R. 431 and Manibhai v. Nadiad City Municipality (1926)28BOMLR1465 . Those cases have established the principle that where an authority which purports to pass an order is acting without jurisdiction, the purported order is a mere nullity, as Sir Lawrence Jenkins puts it, it is mere waste paper ; and it is not necessary for anybody, who objects to that order, to apply to set it aside. He can rely on its invalidity when it is set up against him, although he has not taken steps to set it aside. The Advocate General does not dispute the proposition established by those cases, but he says that the principle does not apply to Section 11 of the Bombay Revenue Jurisdiction Act, which operates when an appeal is possible, and not merely whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 11; and for determining that issue in the affirmative the Court will have to be satisfied that a revenue officer has made a valid order, that such order was appealable, and that no appeal was presented in time. I see no difficulty in determining the validity of the order on a preliminary issue. 7. In this case the trial Court undoubtedly decided that the order of the Commissioner was a valid order, whether right or wrong, and that Section 11 was a bar. As I read his judgment, the learned District Judge decided the same thing, because he refers to the order of the Commissioner, and says that it may be treated either as an order made in appeal against the order of the Collector, or as an original order made in revision, and that i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
