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ASHUTOSH SRIVASTAVA
Surjeet Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ashutosh Srivastava, J.-Heard Shri Suresh Chandra Verma, learned counsel for the petitioners, Shri Abhishek Shukla, learned Additional Chief Standing Counsel, for the State respondent Nos. 1 to 3 and Shri Hari Narayan Singh, learned counsel for the respondent No. 4, Land Management Committee.
2. The instant writ petition has been filed questioning the order dated 19.10.2023, passed by the Additional Commissioner (Second) Kanpur Division, Kanpur/Respondent No. 2 whereby and whereunder, Revision No. 1782 of 2022, under Section 210 of the U.P. Revenue Code, 2006 has been dismissed and the order dated 5.9.2022 passed by the Collector/District Magistrate, Farrukhabad/Respondent No. 3 has been upheld.
3. The writ petition arises out of proceedings under Section 128 of the U.P. Revenue Code, 2006.
4. The petitioners claim to be landless agricultural labourers belonging to the Scheduled Caste and OBC Categories and therefore, claim themselves, to be persons of preferential category under Section 126 (1) of the U.P. Revenue Code, 2006. They filed respective applications to the Land Management Committee of the village concerned for allotment of the agricultural leases under Se
The Collector can cancel land allotments without notice if acting on his own motion, as per the U.P. Revenue Code, ensuring procedural compliance.
The court established that residents can challenge land allotments as 'persons aggrieved' under the U.P. Zamindari Abolition and Land Reforms Act, emphasizing the importance of public interest in suc....
The Board of Revenue correctly upheld agricultural allotments following proper procedures, and significant delays in filing petitions do not warrant judicial intervention.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
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....
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....
Unjust and improper vesting of land in the State Government, based on unproven allegations and unreasoned orders, is in violation of the principles of natural justice and contrary to the policy of re....
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