- (1.)Present writ petition is filed by the petitioner, challenging the order dtd. 14/10/2020 passed by the Collector, District Amethi in Case No.652 of 2020 "Bhupendra Singh vs. Tehsildar, Gauriganj and others".
(2.)The facts of the case are that the Tehsildar, Gauriganj, District Amethi initiated proceedings under Sec. 67 of the U.P. Revenue Code (for short 'the Code') against the petitioner for his eviction on the ground that he is on wrongful and unauthorized occupation of the property of the Gaon Sabha and by an order dtd. 15/9/2020, eviction order was passed by the Tehsildar, Gauriganj, District Amethi. Against the said order, the petitioner preferred an appeal under Sec. 67 of the Code before the Collector, District Amethi. After hearing the appeal, the Collector, District Amethi, by his order dtd. 14/10/2020, finding that proper opportunity of hearing was not given to the petitioner, remanded the matter back to the Tehsildar, Gauriganj, District Amethi with a direction that the matter may be decided expeditiously on merits, after giving proper opportunity of evidence and hearing to the petitioner. Present writ petition is filed against the aforesaid order dtd. 14/10/2020 passed by the Collector, District Amethi.
(3.)Learned counsel for the petitioner has raised a ground that proceedings under Sec. 67 of the Code can be initiated and decided by an Assistant Collector and, therefore, the Tehsildar would not have any jurisdiction to hear the said proceedings. He further submits that there is no delegation of power made under the Code and, therefore, in absence of any such delegation, the Tehsildar cannot exercise the power of Assistant Collector.