Anonymous
Asked February 24, 2017

Can tehsildar delegate powers to deputy tehsildar

  • 1 Answer
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Sir, I want to know if a Tehsildar can delegate his powers to the Deputy Tehsildar to sign orders related to Property case. I have an ongoing case at Dharwad High court,Karnataka, where the Deputy Tehsildar has signed and issued orders in favour of my opponent. Tehsildar has not endorsed it. Pl let me know if there are any documents pertaining to this and if there are any judgements for reference.

Answer 1

Dear Sir/madam,

Section 13 of Karnataka Land Revenue Act, 1964 is the legal provision in this case, which says, “A Tahsildar or a Special Tahsildar may depute subordinates to perform certain of his duties”[1]

Generally, what happens as per law is that whenever a tahsildar goes on leave – has to inform the collector of his leave, the collector assigns powers to the deputy tahsildar (the next in command) to take the necessary actions and sign the orders – in this case, no endorsement is required. Whereas, when the tahsildar is absent for few hours lets say for an urgent meeting etc. for which there is no urgency to inform the collector about the same, then the Tahsildar can ask the Deputy tahsildar to sign the orders on his behalf – which needs a final affirmation of the incumbent tahsildar on his return.

It appears that although the power may be delegated by the tehsildar to deputy tehsildar (who would look into the matter at great length) to cross check and verify the said documents in his absence. But once, everything is completely the documents need a final say of the Tehsildar as well – in the form of an endorsement.

However, if there seems any discrepancy in the delegation of power part or the verification of documents part, an appeal would lie to a superior authority. In your case, the Collector, regarding aforesaid mishap.

Also, the power of revision of the document is a suo moto power vested in the tahsildar i.e. the talsildar on its own accord, if thinks that the order passed by his/her subordinate is not up to the mark, can revise it.

A Bombay High Court judgement in the case of Popat Moti Rathod Vs.State of Maharashtra[2] - Does not specifically talk on the issue at hand but extends to say that the Tahsildar either suo moto or on an application, has the power to issue notices to the transferor, the transferee or the person acquiring such land, to show cause as to why the transfer should not be declared to be invalid.

 

[1] A Tahsildar or a Special Tahsildar may, subject to such orders as may be passed by the [1] [xxx] Deputy Commissioner, depute any of his subordinates to perform any portion of his ministerial duties:

Provided that all acts of his subordinates when so employed shall be liable to revision and confirmation by such Tahsildar or Special Tahsildar.

[2] 2007(3) ALL MR 756

Agree Comment 0 Agrees over 3 years ago

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