Hon’ble Sunil Hali, J.—The petitioner was granted lease of land, which is part of plot Nos. 114 and 465, in village Pardaha, Pargana Mohmmadabad Tehsil Sadar District Mau on the basis of a resolution passed by the Land Management Committee on 30.12.1982 which was approved by Sub Divisional Magistrate/Parganadhikari on 18.2.1983.

On 17.7.1991 an application for cancellation of this lease was filed by respondent Nos. 4 to 10 on the ground that land in question is a public utility land as such the same could not have been allotted to the petitioner. The Chief Revenue Officer, after hearing the parties, set aside the lease on 19.7.2000. Against this order, the petitioner preferred revision before the respondent No. 1which was also dismissed.

2. I have heard learned counsel for the parties and perused the record.

The contention of the petitioner is that the Collector cannot proceed under Sections 198(4) and (6) as there is clear stipulation in the statute that no proceedings seeking to cancel the allotment order can be initiated beyond the period of five years from the date of allotment. No exception is provided in this behalf by the statute.

3. The argument of the learned couns