SC to examine their power to interfere in quasi-judicial functions
New Delhi: Can parliamentary and legislative committees interfere in the quasi-judicial work of the revenue department ? The Supreme Court on Monday agreed to examine this question arising from the directions issued by a parliamentary committee in the UP Assembly in a land dispute case .
Appearing for a petitioner, senior advocate Amit Anand Tiwari told a bench of Justices Surya Kant and Joymalya Bagchi that multiple directions have been issued by the Uttar Pradesh govt, on the instructions of legislative committees, to revenue officers asking them to take “necessary action” and submit report on the land dispute.
“Such directions directly and substantially impinge on free and independent adjudication by the revenue authorities in pending proceedings,” Tiwari said, which prompted the bench to entertain the petition and say that the question of law arising in this case is – “Whether legislative committees can interfere in quasi-judicial functions of revenue authorities?”
The issue pertained to demarcation and determination of possession of a plot, which according to the petitioner could be gone into by the competent authority, in this case the sub-divisional magistrate, under the UP Revenue Code.
Tiwari said a proper and effective adjudication by the revenue authorities is not possible if there is regular and constant interference from the legislative Committees. He said the Allahabad HC erred by failing to issue appropriate directions to prevent interference by political authorities in the adjudicatory process before Revenue Authorities.
The petitioner informed SC that he had filed a complaint before the Assistant Collector, Meja, Prayagraj under section 67 of the Uttar Pradesh Revenue Code, 2006 against one R P Shukla, who using his influence, had encroached upon the public lands causing great hardships and obstruction to people in pursuing their agricultural activities.
“While the petitioner was diligently pursuing the remedies available to him under the law, questions were being raised in the Vidhan Sabha and directions were being issued by the Secretariat to Revenue Officers asking them to take necessary action and to submit report regarding the land dispute concerning RP Shukla,” he alleged.
New Delhi: Can parliamentary and legislative committees interfere in the quasi-judicial work of the revenue department ? The Supreme Court on Monday agreed to examine this question arising from the directions issued by a parliamentary committee in the UP Assembly in a land dispute case .
Appearing for a petitioner, senior advocate Amit Anand Tiwari told a bench of Justices Surya Kant and Joymalya Bagchi that multiple directions have been issued by the Uttar Pradesh govt, on the instructions of legislative committees, to revenue officers asking them to take “necessary action” and submit report on the land dispute.
“Such directions directly and substantially impinge on free and independent adjudication by the revenue authorities in pending proceedings,” Tiwari said, which prompted the bench to entertain the petition and say that the question of law arising in this case is – “Whether legislative committees can interfere in quasi-judicial functions of revenue authorities?”
The issue pertained to demarcation and determination of possession of a plot, which according to the petitioner could be gone into by the competent authority, in this case the sub-divisional magistrate, under the UP Revenue Code.
Tiwari said a proper and effective adjudication by the revenue authorities is not possible if there is regular and constant interference from the legislative Committees. He said the Allahabad HC erred by failing to issue appropriate directions to prevent interference by political authorities in the adjudicatory process before Revenue Authorities.
The petitioner informed SC that he had filed a complaint before the Assistant Collector, Meja, Prayagraj under section 67 of the Uttar Pradesh Revenue Code, 2006 against one R P Shukla, who using his influence, had encroached upon the public lands causing great hardships and obstruction to people in pursuing their agricultural activities.
“While the petitioner was diligently pursuing the remedies available to him under the law, questions were being raised in the Vidhan Sabha and directions were being issued by the Secretariat to Revenue Officers asking them to take necessary action and to submit report regarding the land dispute concerning RP Shukla,” he alleged.
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