WPMS/2371/2018
2022 Latest Caselaw 2540 UK

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                                  WPMS No. 2371 of 2018
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. A.S. Rawat, Senior Advocate, assisted by Mr. Prasanna Karnatak, Advocate for the petitioner.

Mr. Yogesh Tewari & Mr. R.C. Arya, Standing Counsel for the State of Uttarakhand.

Mr. Naresh Pant, Advocate for respondent no. 3.

Learned Senior Counsel for the petitioner contends that the judgment dated 20.04.2018 rendered in Appeal No. 52/01 year 2017-18 is unsustainable, as it has been passed by Additional Collector, while as per Schedule-II of Section 331 of U.P. Zamindari Abolition and Land Reforms Act, 1950, appeal against order passed by Assistant Collector lies before the Collector. He further submits that there is nothing in the said judgment to indicate that the Collector has transferred the case to the Additional Collector.

Since the issue raised by learned Senior Counsel goes to the root of the matter, therefore, let the learned Standing Counsel get instructions as to whether any order for transfer of the case was passed by the Collector, transferring the said appeal to the Court of Additional Collector.

Let necessary instructions be obtained within 24 hours.

List this case on 22.08.2022, after fresh cases.

(Manoj Kumar Tiwari, J.) 17.08.2022 Navin