N.S.RAVI - (1.) THIS revision has been filed against an order passed by Additional Commissioner, Jhansi Division on 21-11-96 in Revision No. 145/29/15 of 94-95 arising out of a patta cancellation suit bearing No. 93 of 78-79 under Section 198(4) of the U.P. Z.A. and L.R. Act.
(2.) BY the impugned order the Additional Commissioner has confirmed the order passed by Additional Collector Jhansi cancelling the patta of the revisionist. The main contention of the revisionist is that the Additional Collector had no jurisdiction to pass an order under Section 198(4) of the U.P.Z.A. and L.R. Act and therefore the order passed by Additional Collector was no order in the eyes of law and the learned Additional Commissioner also committed an error of law upholding the legality of the order passed by the Additional Collector. From a plain reading of Section 198(4) of the U.P.Z.A. and L.R. Act it is clear that only the Collector or the Assistant Collector Incharge of the sub-division specifically empowered in its behalf by the State Government can pass an order under Section 198(4) of the U.P.Z.A. and L.R. Act the Hon'ble High Court as well as this Board in a number of cases repeatedly has held that the Additional Collector has no jurisdiction vested in him to pass any order under Section 198(4) of the U.P.Z.A. and L.R. Act. It is strange even at the level of revision this preliminary objection was not looked into by the revisional Court or may be it was over looked.
(3.) IN view of the legal position the order passed by Additional Collector being without jurisdiction cannot sustain and consequently the order passed by the learned Additional Commissioner confirming/upholding the order of the Additional Collector is also bad in law which is also quashed.;