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IRSHAD ALI
Sushma Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri Avadhesh Kumar, learned counsel for the petitioner and learned Additional CSC for respondent-State.
2. The present dispute pertains to plot Nos. 22/23 and 276M/1.25 situated in village Mohammadpur Dina, Pargana and Tehsil Mohammadi, District Kheri. The patta in respect of disputed land was granted to the petitioner in pursuance of a resolution made by land management committee on 22.04.1987, which was later on approved by the Addl. Sub Divisional Officer on 12.07.1987. On the basis of tehsil report, the proceedings under Section 198(4) UPZA and LR Act for cancellation of patta granted in favour of the petitioner in respect of the disputed land were started on the ground that her husband was having much land and he was on the post of Assistant Engineer. Further the petitioner was not found in the category of land less agricultural labour.
3. On the basis of said report of tehsil, a case was registered and a notice was served on the petitioner in which the petitioner filed her objection on the ground that she was the permanent resident of the said gaon sabha and she was a land less agricultural labour. In support of her case, the petitioner produced
The cancellation of a patta for fisheries rights was deemed unjustified as it was based on erroneous assumptions regarding the petitioner's eligibility under the UPZA and LR Act.
The cancellation of land allotment to an ex-army man was invalid as it was initiated by a private party without locus standi, reaffirming the preferential rights under the U.P.Z.A. & L.R. Act.
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....
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 main legal point established is that the grant of agricultural lands based on family planning operation was temporary and meant to promote self-dependence by landless persons, and therefore subje....
The court ruled that a person must demonstrate a legal grievance to qualify as 'aggrieved' for a writ petition under the U.P. Zamindari Abolition and Land Reforms Act, emphasizing enforceable rights ....
Civil Courts retain jurisdiction to adjudicate land title disputes, preventing unilateral governmental cancellation of land titles without due process.
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