SIBGHAT ULLAH KHAN,J. - (1.) HEARD learned Counsel for the parties.
(2.) THROUGH this review application review of my judgment dated 5.4.2011 through which I allowed the Writ petition has been sought. Petitioner's agricultural land having area of 2.34 acres was sold through auction on 18.9.1989 and was purchased by respondent No. 6 for Rs. 42,000/- in realisation of some dues which were recoverable like arrears of land revenue. Auction sale was confirmed on 23.10.1989. Petitioner's objections under Rule 285(i) of the Rules framed under U.P.Z.A.L.R. Act Sale case No. 1/218 of 1989, Suresh Tiwari v. Vish- wanath and others, were rejected by Additional Commissioner (II) Varanasi division Varanasi on 17.3.1990. The writ petition was directed against auction sale. Its confirmation order and the order passed by the Additional Commissioner. Through judgment dated 5.4.2011 I set aside all the three orders (sale, confirmation of sale and rejection of petitioner's objection). I allowed the writ petition only on the ground that S.D.O./Assistant Collector 1st Class in charge of the division had no jurisdiction or authority to conduct the auction sale and to confirm the sale placing reliance upon two Division Bench authorities of this Court reported in Ajay Upadhayay v. Collector Ballia,1 and Ram Awadh Tiwari v. Sudar- shan Tiwari,2 However, afterwards in another writ petition being writ petition No. 6437 of 1991, Shiv Narain Dubey v. State of U.P., decided on 19.9.2011,1 held the Division Bench authority of Ram Awadh Tiwari per incurium as it had not taken into consideration the notifications dated 30.5.1981 and G.O. dated 10.8.1981.
(3.) THE Division Bench authorities had mainly placed reliance upon an earlier notification dated 17.1.1976 which is quoted below : "No.1/1/76 (III) (6)-Rajaswa-7 January 17,1976 In exercise of the powers under clause (4) of section 3 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act. No. 1 of 1951), the Governor is pleased to, empower all the Assistant- Collectors of the First Class, who are Incharge of the sub-division, to discharge the functions of a "Collector" under sec- 1. 2008 (104) RD 346 (AM. H.C.). 2. 2008 (105) RD 322 (AM. H.C.). section 286 of the said Act in respect of any, holding of a defaulter of which he is a Bhumidhar, Sirdar or Assami, subject to the condition that such sales are approved by the Collector." However, the said notification had been rescinded through notification dated 30.5.1981 published in U.P. gazette dated 29.8.1981 which is quoted below: "No. U.O.-592/l-7-80-Rev-7 May 30,1981 In exercise of the power under clause (4) of section 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) read with section 21 of the U.P. General Clauses Act, 1904 (U.P. Act No. 1 of 1904) the Governor is pleased to rescind the notification No. 1/1/76(3) (6)-Rajaswa-7, dated January 17,1976 empowering all Assistant Collector of First Class, Incharge of the Sub Division to discharge the function of a "Collector" under section 286 of the aforesaid act.";