CHANDRA KUMAR RAI
Roop Ram – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard learned counsel for the petitioner and Mr. Shyam Singh, learned Standing Counsel for the State respondents.
2. Brief facts of the case are that petitioner was allotted lease of the surplus land declared under Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1976 hereinafter referred as Ceiling Act. The proceeding for cancellation under Section 27 (4) of the Ceiling Act has been initiated by the State in the year 1994 and by ex-parte order dated 13.10.1995, the lease of the petitioner has been cancelled. Petitioner filed restoration application against the order dated 13.10.1995. The aforementioned restoration application was dismissed by the Commissioner vide order dated 4.4.2003 hence this writ petition filed on behalf of the petitioner for the following reliefs:-
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful possession of the petitioner over the land in dispute."
3. This Co
Cancellation of lease proceedings initiated after the statutory limitation period is invalid and cannot be sustained in law.
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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 statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
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 of an agricultural lease based on time-barred complaints is legally impermissible, emphasizing adherence to statutory time limits as per U.P. Zamindari Abolition and Land Reforms Act.
Petitioner failed to establish rights over land, resulting in dismissal of writ petition upholding earlier judicial findings.
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
The appellate order allowing claims of adverse possession was quashed due to lack of evidence and presumption of collusion with the tenure holder.
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