1989 (6) TMI 283

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.... Adv. ORDER 1. The short point 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 bidd....

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....ollowing its commendation to the Deputy 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 m....

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....he Gazetted Assistant to his own assistant 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 ....

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....he parties including the petitioner and at 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 ....