Ajeet Singh And Another vs State Of U.P. Thru' Principal ...
2011 Latest Caselaw 2859 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 24109 of 2011
 

 
Petitioner :- Ajeet Singh And Another
 
Respondent :- State Of U.P. Thru' Principal Secry., Home And Ohters
 
Petitioner Counsel :- Surya Mani Pandey
 
Respondent Counsel :- C.S.C.,D.D. Chauhan
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Heard learned counsel for the petitioners.

The contention raised is that the approval granted by the Tahsildar is valid, inasmuch as, under the amended provisions which existed between the year 2002 and 23.8.2004, the Tahsildar was authorized to approve the grant of lease.

Learned counsel has produced both the notifications before the Court.

The notification which has been brought about and published on 23.8.2004 clearly recites that it comes into effect immediately.

Keeping in view the provisions  of the General Clauses Act and the consent given by the Governor on 20th August, 2004, the notification comes into effect in the mid night of 22/23.8.2004. The notification therefore took away the power from the Tahsildar and conferred it on the Collector. In such a situation, the Tahsildar had no authority in law to grant approval to the lease as on 23.08.2004. The findings so recorded in the impugned orders are clearly to the same effect and I do not find any infirmity in the same.

There is no merit in this writ petition and the same is dismissed.

Order Date :- 19.7.2011

Akv