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Can tehsildar delegate powers to delegate tehsildar


24-Feb-2023 (In Property Law)
Sir/Madam, Pl let me know if a Tahsildar can delegate his/her powers to a Deputy Tahsildar. I am from Karnataka and has a Propoerty case going on in the High Court, Dharwad. Kindly share if there are any documents pertaining to this and if there are any cases in which the court has squashed the case on the grounds saying that a Tahsildar cannot delegate his/her powers to a Deputy Tahsildar.
Answers (4)

Answer #1
695 votes
There is a Maxim in Law “ Delegatus non protest delegare” which means that a delegate cannot delegate . In other words when a person who has been delegated to do something he cannot delegate the authority given to him to another person . The exception to this rule is that if the person to whom delegation has been made ,has been authorized to delegate his authority to other person and As such, if the Tashildar has not been authorized, by instruction / guidelines of the concerned Deptt. to delegate his powers to Deputy Tehsildar , the delegation of power is null and void.
Answer #2
709 votes
Tahsildar can delegate his/her powers to a Deputy Tahsildar. You say that the matter is related to a Property case that is going on in the High Court in Karnataka. My opinion is that a Tahsildar cannot delegate his/her powers to a Deputy Tahsildar except on the basis of a GO or notification to that effect. For sharing documents case laws you need to ask the lawreto to set up a consultation with any advocate of your choice.
Answer #3
886 votes
sir if you had engaged an advocate in that case, he is the master in that connection, it is better to clarify the same with him. there is rule which power can delegate and which power can not delegate.
Answer #4
820 votes
As a normal practice delegation of powers from Collector to Tehsildar and Tehsildar to the Dy Tehsildar do take place as per the state govt policy issued from time to time. However exact advice can be given only on scrutiny of documents.

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