1989 (6) TMI 283

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....t for consideration herein is tenability of proceedings held by the Tahasildar leading to the auction sale of certain properties that were the subject-matter of the decree of a Civil Court. The proceedings of the Tahasildar is at Annexure 'B' wherein he purported to put up the subject-matter of the decree of the Civil Court to an auction at which the bidders were the parties to the suit an....

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....ty Commissioner had to be done either by him or by a gazetted Assistant of the Collector. Section 54 reads: "Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted su....

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....tant as has happened in this case. From the facts it becomes clear, the Assistant Commissioner who had been asked by the Deputy Commissioner to execute the decree transmitted by the Civil Court to the Deputy Commissioner had in turn assigned that work to the Tahsildar with the result, a case of delegates making a further delegation having arisen, the question whether it is legally permissible. &#3....

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.... their behest the Tahsildar held the auction proceedings. It may be so, but the established principle is that no amount of acquiescence in the exercise of authority by a person in whom such authority is not vested will not render the resultant exercise of power valid or give it a semblance of validity. 7. Therefore the acquiescence of the petitioner in the proceedings at Annexure 'B' is o....