Holding

The Sub‑Divisional Officer had no jurisdiction to allot or transfer government land; the power vests only with the District Collector, rendering the SDO’s orders void and the appeals dismissed.

Summary

The Sub‑Divisional Officer (SDO) of Kotdwar allotted a parcel of government land to Mahanth Govind Das and executed a lease deed for thirty years. The appellants later purchased the structures on that land and sought mutation in their favour, prompting the Deputy Collector to direct transfer of the land to them. The District Magistrate issued a show‑cause notice and subsequently quashed the transfer, holding that the SDO lacked authority to grant government land, a power that resides solely with the District Collector under Section 122(6) of the U.P. Zamindari Abolition and Land Revenue Act. The High Court affirmed the District Magistrate’s order, deeming the SDO’s allotment and subsequent transfer void. On appeal, the Supreme Court reiterated that the SDO had no jurisdiction to allot or transfer government land, that the appellants failed to establish any lawful right, and that any interference would resurrect an illegal order. Consequently, the appeals were dismissed.

Issues considered

Whether the Sub‑Divisional Officer had jurisdiction to allot or grant government land under the U.P. Zamindari Abolition and Land Revenue Act, 1950.
Whether the transfer order in favour of the appellants is void for lack of authority.
Whether the High Court erred in refusing to intervene despite alleged violations of natural justice.
Whether the appellants established a legal right to the land.

Subjects

government landjurisdictionsub‑divisional officerdistrict collectorland allotmentlease deedmutationArticle 226natural justicevoid order

Judgment

RAJ KUMAR SONI AND ANR. A
v.
STATE OF U.P. AND ANR.

APRIL 3, 2007

[P. K. BALASUBRAMANYAN AND B. SUDERSHAN REDDY, JJ.] B

U.P. Zamindari Abolition and Land Revenue Act-s 122(6) Allotment
of Government Land for residential purposes-Cancellation of irregular
allotment - Sub-Divisional Officer allotting land to one and thereafter C 1

directing transfer of land in the name of the purchaser-District Magistrate
quashed the transfer order in favour of purchaser-Upheld by High Court-
Correctness of-Held: Sub-Divisional Officer has no jurisdiction vested in
him to allot the Government land-Power vests only with the District·
Magistrate-Order by Sub-Divisional Officer in favour ofpurchaser not being
in accordance with law, District Magistrate justified in quashing the same- D
Thus, orrJer of High Court calls for no interference-Interference would result
in resurrection of an illegal and void order.

Sub-Divisional Officer allotted Government land in favour of M for.a
period of thirty years. M obtained -a sanctioned plan and made certain
constructions. Appellants purchased the constructions raised/malwa from M. E
Appellants then sought mutation in their favour. Deputy Collector directed
the transfer of the land itself in the names of the appellants on payment of
land revenue. District Magistrate issued show-cause notice to the appellants
as to why the grant of the land made in their favour by the Sub-Divisional
Officer should not be rescinded since the Sub-Divisional Officer is not F
• authorized to grant land as the authority to grant the Government land for
the residential purpose vests in the District Magistrate and thereafter
quashed the transfer order made in favour of the appellants by the Sub-
Divisional Officer. Appellants challenged the order passed by the District
Magistrate/Collector. High Court held the order of the Sub-Divisional Officer
in allotting the land to M and thereafter directing the transfer of the land in G
the name of the appellants as void and without jurisdiction. Hence the present
appeals.

Appellants contended that the tindings by the District Magistrate that

733 H
I

i \

734 SUPREME COURT REPORTS [2007] 4 S.C.R.

A the power of the Sub Divisional Officer in the matter of allotment of land has
been withdrawn is absolutely baseless; that there is absence of production of
a copy of the proceedings thereof; that in the show cause notice there was no
mention about the withdrawal of the power conferred upon the Sub-Divisional
Officer and thus, the order of the Sub-Divisional Officer could not have been
B set aside; and that the order is in violation of the principles of natural justice.

Respondent-State contended that the proceedings right from the
allotment of land up to the execution of lease deed are void ab initio; that the
Sub-Divisional Officer was not authorized to allot the Government land in
favour of M and thereafter transfer the same in favour of the appellants and
C as such the High Court rightly refused to interfere with the orders passed by
the District Magistrate/Collector.

Dismissing the appeals, the Court

HELD: 1.1 The High Court in clear and categorical terms found that
the Sub-Divisional Officer had no jurisdiction vested in him to grant/allot
D
the Government land and the power vests only with the District Collector. The
--\
appellant did not plead and establish to the satisfaction of the Court that the \,....
Sub-Divisional Officer is conferred with the jurisdiction to allot/grant the
Government land on the strength of application by the interested parties. It is
a fundamental principle of law that a person invoking the extraordinary
E jurisdiction of the High Court under Article 226 of the Constitution of India
must come with clean hands and must make a full and complete disclosure of
facts to the Court. Parties are not entitled to choose th.eir own facts to put-
forward before the Court. The foundational facts are required to be pleaded
enabling the Court to scrutinize the nature and content of the right alleged
to have been violated by the authority. [Para 11) [739-F-H; 740-A)
F
1.2. A plain reading of the Rule clearly reveals that Parganadhikari is
merely authorized to sign the lease deed on behalf of the Governor. The Rules
nowhere confer power upon the Parganadhikari to allot Government land on
lease in favour of any individual. [Para 14) [740-E-F]
G 1.3. The Sub-Divisional Officer did not allot the land in favour of the
appellants after cancelling the grant made in favour ofM. Having found that
M violated the terms ~nd conditions of grant, the Sub-Divisional Officer
cancelled the grant of lease and imposed penalty of Rs. 2000/- upon M and '--x_

simultaneously effected transfer of the land in favour of the appellants. ,.,.
H Assuming that the Sub-Divisional Officer had the authority and jurisdiction
RAJKUMARSONiv. STATEOFU.P. 735
to grant lease of the land for non-agricultural purposes, at the most be could A 1

have considered the application of the appellants on merits in order to decide
as to whether they were entitled to grant of any Government land, but under
no circumstances the Sub-Divisional Officer could have passed orders
transferring the land in the names of the appellants.
[Para 15] (740-F-H; 741-A] B
1.4. It is true in the show cause notice issued by the District Magistrate
there is no mention about the order withdrawing the powers conferred upon
the Sub Divisional Officer in the matter of according grant of lease of
Government lands. However, it is stated that the Paraganadhikari/Sub-
Divisional Officer is not authoriz.ed to grant land under the Government Grant C
Act, the authority to grant land to certain extent for residential purposes is
vested. in the District Magistrate. It is in the final order of the District
Magistrate a mention is made about the proceedings under which the powers
of the Sub-Divisional Magistrate had been withdrawn much prior to the Sub-
Divisional Officer accorded the grant The appellants may be technically right
in contending that the order of the District Collector is based on the grounds D
which were. not specifically mentioned in the show cause notice issued to the
appellants. [Para 16) [741-B-C]

1.5. The appellants failed to establish that they have lawfully secured
allotment ofland. It is the duty cast upon the appellants to plead and establish
that the order of allotment/grant by the Sub-Divisional Officer in favour of E
their predecessor-in-title created any legal right and also further establish
the transfer of land in their favour has been validity made by the Sub-
Divisional Officer. The High Court while exercising the jurisdiction under
Article 226 of the Constitution of India had come to the conclusion that the
order of the Sub-Divisional Officer upon which the whole claim of the F
appellants rests was invalid and improper. The High Court itself could have
set aside such invalid and improper order. Therefore nothing turns on this
argument. Even if there was any technical violation of the rules of natural
justice, this is not a fit case for interference, such interference would result
in resurrection of an illegal, may, void order. In such view of the matter justice
has been done in the matter and the High Court rightly refused to resurrect G
or resuscitate the order of· the Sub-Divisional Officer which is unenforceable
in law. [Paras 12 and 16) [740-B; 741-E-F]
1-"'·.

Venkateswara Rao v. Government ofA.P., AIR (1966) SC 828 and M C.
Mehta v. Union of India, AIR (1999) SC 2583, referred to.
H
736 SUPREME COURT REPORTS [2007) 4 S.C.R.

A . CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1763 of2007.

From the Final Judgments and Orders dated 01.09.1999 & 08.04.2005 of
the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No.
20708of1999.

B Sudhir Chandra, Jasbir Singh Malik and S.K. Sabharwal for the Appellant.

Avatar Singh Rawat, AAG., State of Uttaranchal, and Jatinder Kumar _,,.
Bhatia for the Respondent.

The Judgment of the Court was delivered by
c B. SUDERSHAN REDDY, J. 1. Leave granted.

2. On 31-3-1993 the Sub-Divisional Officer, Kotdwar accorded approval
to allot the land in question admeasuring Ac.0-053 hectare in Khasra No. I 003
situated at village Jhonk, District Pauri Garhwal (Uttaranchal) to one Mahanth
D Govind Das. On the same day, the Sub-Divisional Officer executed a lease
deed in favour of the allottee for a period of thirty years from the date of ~
execution of the lease deed. The said Mahanth Govind Das is stated to have I...-

applied for and obtained a sanctioned plan for raising certain constructions
from the Development Authority, Haridwar. The appellants herein purchased
tlie constructions raised/Malwa under the registered sale deed dated 26-4-
E 1995 from the said Mahanth Govind Das. The appellants claim to have
purchased the land also, as is evident from their pleadings and contentions
raised in the writ petition. Be it noted, the land admittedly belongs to
Government.

3. The appellants, by their applicati~n dated 15-5-1995 requested the
F
Collector to grant mutation in their favour, in which it is stated that they have
purchased the debris and not the land from Mahanth Govind Das. The
Deputy Collector, having considered the application so submitted by the
appellants found "the holder of grant Mahant Govind Das sold the debris of
residential building and the shops along with the possession through the
G registered sale deed in favour of the applicants on 2-5-1995. In case the debris
is removed due to violation of the grant, then there is possibility of starting
of unnecessary litigation and if Pakka houses are removed, then many legal
hurdles might arise, which are not benefit the State government. Therefore it -'\
is not appear proper to dispossess them from the land. (sic)" The Deputy
Collector however, disposed of the application directing the transfer of the
H
RAJKUMARSONlv. STATEOFU.P. [B. SUDERSHANREDDY,J.] 737
land itself in the names of the appellants on payment of land revenue at A
Rs.157.50 paise.

4. The District Magistrate, Kotdwar Garhwal vide show-cause notice
issued on 5-4-1999 required the appellants herein to show-cause as to why
the grant of the land made in their favour by the Sub-Divisional Office~,
Kotdwar should not be rescinded. In the show-cause notice, it is alleged th~t B
the Sub-Divisional Officer has unauthorisedly granted/allotted the land in
favour of the appellants. It .is specifically alleged that the Sub-Divisional
Officer is not authorized to grant land, inasmuch as the authority to grant the
Government land for the residential purpose vests in the District Magistrate:
The appellants submitted their detailed explanation to the said show-cause C
notice, inter alia, contending that the authority accorded grant only aftet
lawful enquiry and they have spent considerable amount in renovating th11
existing building on the land and also made some new constructions in
respect of which no objections have been raised at any point of time. It was
contended that the proceedings initiated against them are not maintainable in
law. It was also contended that they have acquired the status of tenure D
holders. The District Magistrate, having considered the explanation submitted
by the appellants clearly found that the Sub-Divisional Officer had no authority'
to allot the land to Mahanth Govind Das in the year 1993. The Collector,
accordingly held that the order of allotment and lease executed by Sub-
Divisional Officer did not confer any right, title and interest in the land in ' E
favour of Mahanth Govind Das. The said Mahanth Govind Das sold the said
land to the appellants without any authority of law. The District Magistrate/'
Collector also found that the Sub-Divisional Officer abused his authority at
every stage right from the commencement of grant of land to Mahanth Govind
Das till the transfer of the land to the appellants. The order of transfer made ,
in favour of the appellants by the Sub-Divisional Officer has been accordingly F
• quashed and appropriate directions have been issued to make entries in the
revenue records duly incorporating the name of the Government as the owner
1 •

of the land.

5. The appellants challenged the order passed by the District Magistrate/
Collector dated 10-5-1999 in Civil Misc. Writ Petition No. 20708of1999. It was G
sought to be contended as if the appellants have purchased the land itself
from Mahanth Govind Das but appears to have given up the same during the
course of hearing of the writ petition. It was asserted that the power to grant
lease vests in the Assistant Collector, previously known as Sub-Divisional
Officer and therefore, it cannot be said that the lease granted was without H
738 SUPREME COURT REPORTS [2007] 4 S.C.R.

A jurisdiction. The High Court found that the appellants did not purchase the
land but what they have purchased under the registered sale deed was Malwa
(debris of constructions). The Sub-Divisional Officer, according to the High
Court, could not have passed any order directing transfer of the land in
favour of the appellants based on the sale deed executed by Mahanth Govind
B Das. In tenns ofG.0.150/1/185(24)-6010, dated 09-10-1987, the Sub-Divisional
Officer/Deputy Collector had no authority to accord approval of grant of land
inasmuch as the authority stood vested only with the Collector of the District
to a~cord approval up to certain limit for residential purpose. The High Court
also found that the appellants' application for transfer was not made under
the provisions of the U.P. Zamindari Abolition and Land Refonns Rules. The
C High Court further held that no foundational facts have been pleaded by the
appellants that the conditions existed for securing allotment of land under the
said provisions. The appellants' claim does not fall under any of the categories
in respect of which an order of allotment could have been made under the
....
'provisions of the said Rules. The High Court took the view that in any event
the Collector of the District is conferred with the power under Section 122(6)
D of the U.P. Zamindari Abolition and Land Revenue Act to cancel any irregular
allotment made by the Assistant Collector in-charge of such division. The
High Court held the order of the Sub-Divisional Officer in allotting the land
to Mahanth Govind Das and thereafter directing the transfer of the land in
the name of the appellants is void and without jurisdiction.
E
6. These appeals are directed against the decision of the High Court,
dismissing the appellants' writ petition.

7; Sri Sudhir Chandra, learned Senior counsel for the appellants submitted
that the findings by the District Magistrate that the power of the Sub-
F Divisional Officer in the matter of allotment of land has been withdrawn on
9-7-1992 is absolutely baseless and in the absence of production of a. copy
of the proceedings thereof it has to be presumed that the Sub-Divisional
Officer was competent to allot the land. The learned Senior counsel further
submitted that in the show cause notice there was no mention about the
withdrawal of the power conferred upon the Sub-Divisional Officer and in
G such view of the matter the order of the Sub-Divisional Officer could not have
been set aside on the ground not mentioned in the show cause notice. The
order according to the learned counsel is in violation of the principles of
natural justice. ~~·

8. The learned counsel appearing on behalf of the State submitted that
H
RAJ KUMAR SONI v. STATE OF U.P. [B. SUDERSHAN REDDY, J.] 739
the proceedings right from the allotment of land up to the execution of lease A
deed are void ab initio. The Sub-Divisional Officer was not authorized to allot
the Government land in favour of Mahanth Govind Das and thereafter transfer
the same in favour of the appellants. The High Court rightly refused to
interfere with the orders passed by the District Magistrate/Collector.

9. We have carefully considered the rival submissions and perused the B
entire material available on record.

IO. We are not required to consider the first contention seriously, for
the simple reason that the appellants did not raise any issue whatsoever
about this aspect of the matter in their writ petition. In their reply to the show-
cause notice, they did not pfoad and explain as to under what authority the C
Sub-Divisional Officer allotted the land in favour ofMahanth Govind Das and
thereafter transferred the same in favour of the appellants. It is only after the
disposal of the writ petition and during the pendency of this appeal, the
appellants addressed a letter to the District Collector requiring him to furnish
information with regard to order passed by him withdrawing the powers of D
the Sub-Divisional Officer in the matter of allotment of lands. On consideration
of the entire material available on record, it appears to us, that what has been
withdrawn by the District Collector is obviously with reference to the power
conferred upon the Sub-Divisional Officer to execute the lease deed for and
on behalf of the Governor of the State. No provision of law is brought to our
notice under which the Sub-Divisional Officer could have allotted the land E
initially to Mahanth Govind Das and thereafter transferred the same to the
appellants.

11. The High Court, after an elaborate consideration of the matter, in
clear and categorical terms, found that the Sub-Divisional Officer had no F
jurisdiction vested in him to grant/allot the Government land and the power
vests only with the District Collector. The appellants did not plead and
establish to the satisfaction of the Court that the Sub-Divisional Officer is
conferred with the jurisdiction to allot/grant the Government land on the
strength of applications by the interested parties. It is a fundamental principle
of law that a person invoking the extraordinary jurisdiction of the ~igh Court G
under Article 226 of the Constitution of India must come with clean hands
and must make a full and complete disclosure of facts to the Court. Parties
are not entitled to choose their own facts to put~forward before the Court. The
foundational facts are required to be pleaded enabling the Court to scrutinize
the nature and content of the right alleged to have been violated by the
H
740 SUPREME COURT REPORTS [2007] 4 S.C.R.

A authority.

12. The appellants in this case failed to establish that they have lawfully
secured allotment of land. It is the duty casts upon the appellants to plead
and establish that the order of allotment/grant by the Sub-Divisional Officer
in favour of their predecessor-in-title created any legal right and also further
B establish the transfer of land in their favour has been validly made by the
Sub-Divisional Officer. In such view of the matter we are of the opinion,
justice has been done in the matter and the High Court rightly refused to
resurrect or resuscitate the order of the Sub-Divisional Officer which is ·y_

unenforceable in law.

c 13. The "Rules regarding Management of Government property", upon
which strong reliance has been placed by the appellants, do not provide for
and contemplate for making any such transfer of Government land from one
person to another person. The Parganadhikari (Sub-Divisional Officer) has no
authority whatsoever even under the said Rules to make any grant in favour
D of any individual or individuals. Rule 5, upon which reliance has been placed
reads as under:

"5. Land will be allotted on lease under Government Grants Act on the
format prescribed by Revenue Board. Parganadhikari is liereby
authorized to sign this lease deed on behalf of His Excellency The
E Governor. No registration is required for such deeds."

14. A plain reading of the Rule clearly reveal that Parganadhikari is
merely authorized to sign the lease deed on behalf of the Governor. The Rules
nowhere confer power upon the Parganadhikari to allot Government land on
lease in favour of any individual.
F
15. Yet another aspect of the matter: The Sub-Divisional Officer did not
allot the land in favour of the appellants after cancelling the grant made in
favour of Mahanth Govind Das. Having found that Mahanth Govind Das
violated the terms and conditions of grant, the Sub-Divisional Officer cancelled
the grant of lease and imposed penalty of Rs.2000/- upon Mahanth Govind
G Das and simultaneously effected transfer of the land in favour of the appellants.
Assuming that the Sub-Divisional Officer had the authority and jurisdiction
to grant lease of the land for non-agricultural purposes, at the most he could
have considered the application of the appellants on merits in order to decide
as to whether they were entitled to grant of any Government land, but under
H no circumstances the Sub-Divisional Officer could have passed orders
~·
I

RAJ KUMAR SONI v. STATE OF U.P. [B. SUDERSHAN REDDY, J.] 741
transferring the land in the names of the appellants. A
16. It is true in the show cause notice issued on 5.4.1999 by the District
Magistrate there is no mention about the order dated 9. 7.1992 withdrawing the
powers conferred upon the Sub-Divisional Officer in the matter of according
grant of lease of government lands. It is, however, stated that the
Parganadhikari/Sub-Divisional Officer is not authorized to grant land, under B
the Government Grant Act, the authority to grant land to certain extent for
residential purposes is vested in the District Magistrate. It is in the final order
of The District Magistrate a mention is made about the proceedings under
whieh the powers of the Sub-Divisional Magistrate had been withdrawn as
early as on 9.7.1992 much prior to the Sub-Divisional Officer according grant C
on 20.5.199J.. The appellants may be technically right in contending that the
order of the -pistrict Collector is based on the grounds which were not
specifically ~entioned in the show cause notice issued to the appellants. But
at the same time we are required fo bear in mind that in the show cause notice
it is clearly stated that the Parganadhikar/Sub-Divisional Officer is not
authorjzed to grant land, under the Government Grant Act, the authority to D
grant land to certain extent for the residential purposes is vested in the
District Magistrate. It was, therefore, incumbent upon the appellants to plead
and establish that the Sub-Divisional Officer had the authority to grant the
Government land on lease for residential purposes. The High Court while
exercising the jurisdiction under Article 226 of the Constitution of India had
come to the conclusion that the order of the Sub-Divisional Officer upon E
which the whole claim of the appellants rests was invalid and improper. The
High Court itself could have set aside such invalid and improper order.
Therefore, in our considered opinion nothing turns on this argument. Even
if there was any technical violation of the rules of natural justice, this is not
a fit case for interference, such interference would result in resurrection of an
illegal, nay, void order. F
17. In Venkateswara Rao v. Government of A.P:, a Primary Health
Centre was formerly inaugurated at a particular village subject to certain
conditions. Since those conditions are not satisfied, the Panchayat Samithi
resolved to shift it to another village. The Government, in exercise of its
review jurisdiction, interfered with the resolution so passed by the Panchayat G
Samithi without providing any opportunity whatsoever to the Panchayat
Samithi. The government's order was challenged in a proceeding under Article
!~ 226 of the Constitution of India. The A.P. High Court held, the order passed

•
'
by the Government on the review to be bad, but did not interfere on merits.
l. AIR (1996) SC 828. H
742 SU~REME COURT REPORTS (2007] 4 S.C.R.

A The Supreme Court, while confirming the order of the High Court observed --.
that:

"if the High Court had quashed the said order, it would have restored
an illegal order; it would have given the Health Centre to a village,
contrary to the valid resolutions passed by the Panchayat Samithi."
B
18. The Supreme Court opined that the High Court was right in refusing
to exercise its extraordinary discretionary power under Article 226 of the
Constitution of India.

19. In MC. Mehta v. Union of India2, this Court, relying upon
C Venkateshwara Rao (1 supra) observed;

"The above case is clear authority for the proposition that it is
not always necessary for the Court to strike down an order merely
because the order has been passed against the petitioner in breach
of natural justice. The Court can under Article 32 of Article 226 refuse
D to exercise its discretion of striking down the order if such striking
:- • down will result in restoration of another order pa5sed earlier in
favour of the petitioner and against the opposite party, in violation of
principles of natural justice or is otherwise not in accordance with
law."
E 20. In our view, on the admitted and indisputable facts set out above,
any interference with the impugned order of the District Collector would result
in restoration of orders passed earlier in favour of the appellants which are
otherwise not in accordance with law.

F 21. For all these reasons, we do not find any merit in the appeals. The
appeals are accordingly dismissed. We make no order as to costs.

N.J. Appeals dismissed.

2. AIR (1999) SC 2583