Back
RAJESH SINGH CHAUHAN
Mohd. Naiem – Appellant
Versus
Additional Commissioner Admin Gonda – Respondent
JUDGMENT :
1. Heard Sri M.M. Haq, learned counsel for the petitioner, Sri A.S. Tiwari, learned Addl. C.S.C. for the State respondents and Sri Mohd. Kumail Haider and Iqbal Ahmad, learned counsel for the respondent no. 5.
2. By means of this petition the petitioner has assailed the order dated 29.12.2000 passed by the Additional District Magistrate / Additional District Collector, Balrampur in Case No. 7/11/19/49/31 filed u/s 122C(6) of the U.P.Z.A. & L.R. Act, 1950 thereby in a suit filed by the private opposite party the authority has cancelled the patta being granted in favour of the petitioner u/s 122C. The petitioner has also assailed the order dated 23.1.2001 passed by the Additional Commissioner, Administration, Devi Patan Mandal, Gonda in a revision whereby the revisional authority has rejected the revision holding that any order being passed u/s 122C(6) of U.P.Z.A. & L.R. Act is a final order, therefore, no revision would be maintainable.
3. Learned counsel for the petitioner has stated that initially one suit u/s 122 C(6) of U.P. Z.A. & L.R. Act bearing Suit No. 195 : State vs. Naim, has been filed before the Chief Revenue Officer, Gonda and Chief Revenue Officer, Gonda vide
The court affirmed the agricultural lease granted to the petitioner, ruling that cancellation was arbitrary and lacked proper individual consideration, especially given the petitioner's eligibility a....
Point of law: Whenever the Land Management Committee intends to admit any person to land under Section 195 or 197, it shall announce by beat of drum in the circle of the Gaon Sabha in which the land ....
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
The Additional Commissioner lacks the statutory authority to review his own orders under the U.P. Land Revenue Act, leading to the annulment of subsequent orders.
A petitioner must demonstrate prima facie ownership or title for granting an interim injunction against eviction actions by state authorities, as confirmed by the higher court.
The Collector can cancel land allotments without notice if acting on his own motion, as per the U.P. Revenue Code, ensuring procedural compliance.
Point of Law : It is now well settled that under writ jurisdiction, the Court will not exercise its powers to interfere in an order and set it aside by an order, the ultimate effect of which would be....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
