Back
CHANDRA KUMAR RAI
Zahid – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Re: Civil Misc. Substitution Application No.7 of 2023
The instant application has been filed in respect of deceased petitioner no.2.
Application is within limitation.
Let the word 'deceased' be mentioned against the name of petitioner no.2 and the names of legal heirs as mentioned in the prayer clause be substituted as petitioner nos. 2/1 and 2/5 respectively in the array of the parties.
The substitution application is, accordingly, allowed.
Order on Writ Petition
Heard Mr. Manish Dev Singh, learned counsel for the petitioners, Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, learned counsel for respondent no.4, Land Management Committee.
2. Brief facts of the case are that residential lease was executed in favour of petitioners along with others on 18.8.1990 which was approved on 29.1.1991. In pursuance lease executed on 8.8.1990/ 29.1.1991 possession was delivered to petitioners along with other lease holders. Proceeding under Section 115-P of U.P.Z.A. and L.R. Act was registered before the Collector as case No. 42 of 1994 and the same was heard by Additional District Magistrate
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
The court affirmed the agricultural lease granted to the petitioner, ruling that cancellation was arbitrary and lacked proper individual consideration, especially given the petitioner's eligibility a....
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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.
Petitioner failed to establish rights over land, resulting in dismissal of writ petition upholding earlier judicial findings.
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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.
A revision filed after a significant delay is an abuse of process, and the cancellation of a lease under the U.P.Z.A.&L.R. Act is final, barring further claims for possession.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
