Phool Singh vs State of U. P. - 2023 Supreme(All) 2498

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2498

CHANDRA KUMAR RAI
Phool Singh – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioners: Laxmi Shankar, Counsel.
For the Respondents: C.S.C., Sunil Kumar Singh.

JUDGMENT

Chandra Kumar Rai, J.

Heard Mr. Umar Iqbal Khan, Advocate assisted by Mr. Laxmi Shankar, learned counsel for the petitioners, Mr. L.K. Tripathi, learned Additional Chief Standing Counsel for respondent nos.1 & 2 and Mr. Sunil Kumar Singh, learned counsel for respondent no.3 i.e. Land Management Committee.

2. The brief facts of the case is that petitioners, who are resident of Village- Budhiya, Pargana- Dasna, Tahsil- Dhaulana, District- Hapur, are pursuing the case for cancellation of lease under Section 198 (4) of U.P.Z.A. & L.R. Act against the allottee, who were granted patta through proposal dated 2.1.1997 and the patta was approved on 26.2.1997 by Sub-Divisional Officer in respect of 60 allottees out of 84. According to the petitioners out of 60 allottees, so many are ineligible, as such, their patta are to be cancelled. Complaints were made by private persons for cancellation on the ground that patta is based on fraud, accordingly, a Case No.15 of 1997-98, under Section 198 (4) of U.P.Z.A. & L.R. Act was registered before Additional Collector. The Gaon Sabha supported the patta granted to the patta holders, accordingly, Additional Collector vide order dated 21.1.1999 d