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SYED QAMAR HASAN RIZVI
Nirmala Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Syed Qamar Hasan Rizvi, J.) :
Heard Sri Vishal Khandelwal, learned counsel for the petitioner; Sri Awadesh Kumar Patel, learned Standing Counsel appearing on behalf of the State-respondent Nos. 1 to 3, Shri A.C. Srivastava, learned counsel for the Land Management Committee (respondent No. 4) and Sri Satish Kumar Pandey, learned counsel for the respondent No. 5.
2. The present writ petition has been filed seeking a writ in the nature of certiorari quashing the impugned order dated 29.5.2023 passed by the Additional Commissioner (Judicial), Agra Division, Agra (respondent No. 2) dismissing the Revision having Case No. 02238 of 2018 as well as the order dated 14.9.2018 passed by the District Magistrate/Collector, Mainpuri (respondent No. 3), by means of which the Collector (respondent No. 3), took the decision to suo moto proceed for cancellation of the allotment and lease in Case No. 1858 of 2018.
3. With the consent of the learned counsel for the parties, this Court proceeds to decide the present Writ Petition at the admission stage itself.
4. The facts in a nutshell, as are available on record before this Court, are that by a Resolution passed by the Land Management Comm
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
Cancellation of land leases must adhere to statutory limitation periods; proceedings initiated beyond these limits are illegal and violate principles of natural justice.
The main legal point established is that the power to cancel land allotment must be exercised within a reasonable time, and khatedari rights cannot be withdrawn after their conferment.
Cancellation of agricultural lease after 11 years is barred by limitation, highlighting the importance of timely legal challenges in the context of land allotment under relevant laws.
The court established that powers under the Uttar Pradesh Zamindari Abolition and Land Reforms Act must be exercised within a reasonable time, and unreasonable delays invalidate such actions.
The cancellation of land leases after a significant delay violates statutory provisions and principles of reasonable time, affirming the rights of long-term lessees under the U.P. Zamindari Abolition....
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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