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CHANDRA KUMAR RAI
Brajvir Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Sri. Amit Kumar Chaudhary, learned counsel for the petitioner, Sri. Jitendra Narain Rai, learned Addl. C.S.C. for the state-respondents and Sri. Sunil Kumar Singh, learned counsel for the respondent-gaon sabha.
2. Brief facts of the case are that dispute relates to plot no.614, area 0.1260 hect. (0-10-0) and plot no.615/1, area 0.1520 hect. (0-12-0), situated at village Shivaya, Jamalupur, Pargana Daurala, Tehsil Sardhana, District Meerut. Gaon Sabha vide resolution dated 16.12.1975, alleged to allot the aforementioned plots in favour of one Tejpal (father of respondent nos. 6 to 9), accordingly, the allotment was made on 12.4.1976. Petitioner's father initiated proceeding on 11.1.1978, under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to "U.P. Z.A. & L.R. Act) for cancellation of allotment made in favour of Tejpal. The aforementioned proceeding was registered as Case No.289/1978. Respondent no.4 heard the matter and vide order dated 11.4.1978 dismissed the application for cancellation of lease executed on 12.4.1978. Against the order dated 11.4.1978, passed by respondent no.4, a revision was fil
The court upheld the validity of agricultural allotment made in 1975-76, emphasizing that findings of fact by authorities require no interference unless proven perverse.
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 statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles 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....
The Board of Revenue correctly upheld agricultural allotments following proper procedures, and significant delays in filing petitions do not warrant judicial intervention.
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....
Petitioner failed to establish rights over land, resulting in dismissal of writ petition upholding earlier judicial findings.
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.
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