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SAURABH LAVANIA
Sayyed Abbas – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Lavania, J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned counsel for the State as also Sri Rajeiu Kumar Tripathi, learned counsel for the opposite party No. 4.
2. By means of present petition, the petitioner has challenged the order 28.12.2022 passed by the opposite party No. 2-Chief Revenue Officer, Sultanpur in Case No. 2714 of 2022, Computerized Case No. D202204680002714 (State v. Sayeed Abbas), which was instituted under Section 15 -A of the Uttar Pradesh Bhoodan Yagna Act, 1952 (in short ''U.P. Act No. 10 of 1953''), whereby, the Grant/Patta dated 19.6.1982 related to Plot No. 1178 M area 1 Biswa and 15 Biswansi, and Grant/Patta dated 2.9.1985 related to Plot No. 1178 M area 5 Biswansi, situate at Village-Goravarik Pargana-Meeranpur, Tehsil-Sadar, District-Sultanpur, has been cancelled.
3. Before entering into the merits of the case, I feel it appropriate to indicate that on 18.8.2023 the final order was dictated in open Court. However, on account of some confusion, at the time of signing of final order, regarding disposal of application seeking amendment, the case was again ordered to be listed vide ord
Grants made to minors under the U.P. Bhoodan Yagna Act are void ab initio, as minors do not qualify as 'landless agricultural labourers' under the law.
A landless person can be granted land under the U.P. Bhudan Yagna Act irrespective of their residency in the village where the land is located, as long as there are no eligible landless persons in th....
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 central legal point established in the judgment is that orders passed without jurisdiction are nullities and have no legal effect, emphasizing the significance of jurisdictional validity in admin....
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The main legal point established in the judgment is that the 1960 notification declaring the land as 'reserved forest' was illegal and invalid, and the Bhoodan Committee had no right to transfer the ....
The Joint Collector is competent to exercise power under BSO 15(18) and deal with the issues regarding assignment of land. The power under BSO 15(18) can be exercised at any time in view of the langu....
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
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