JAYANT BANERJI
Sushil Kumar – Appellant
Versus
Board of Revenue, U. P. , Allahabad – Respondent
| Table of Content |
|---|
| 1. sufficient notice received by respondents. (Para 1) |
| 2. joint representation of petitioners and respondents. (Para 2 , 3) |
| 3. petitioners argue procedural unfairness and lack of knowledge. (Para 4 , 5 , 6 , 7) |
| 4. court scrutinizes claims of the petitioners. (Para 8 , 9) |
| 5. court affirms board's decision; no interference warranted. (Para 10 , 11) |
| 6. writ petition dismissed with no relief. (Para 12) |
JUDGMENT
Jayant Banerji, J.
The office report of 5.4.2023 is that notice was issued to the respondent nos. 3, 4, 5, 6/1, 8, 10, 11,12/1, 12/2, 13/1, 13/2 by registered post with acknowledgement due fixing 10.3.2022. The service report is that the respondent nos. 3, 4, 5, 6/1, 8, 11,12/1, 13/1, 13/2 have refused to accept the registered notice. Further it is mentioned that with regard to the respondent nos. 10 and 12/2, neither the undelivered cover nor acknowledgement has been received yet. As such, notices on respondent nos. 3, 4, 5, 6/1, 8, 10, 11,12/1, 12/2, 13/1, 13/2 are deemed sufficient.
2. Heard Shri Deepak Kumar Jaiswal, learned counsel for the petitioner. Learned Standing Counsel appears for the respondent nos. 1, 2 and 15. Respondent no. 14 is represented by Shri H.N.
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Cancellation of an agricultural lease based on a private complaint was deemed arbitrary, upholding the Additional Collector's finding of no irregularity and affirming the lease's validity.
The Board of Revenue correctly upheld agricultural allotments following proper procedures, and significant delays in filing petitions do not warrant judicial intervention.
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not determine title; a registered sale deed remains valid until annulled by a competent court.
Restoration applications for ex-parte decrees are maintainable and do not abate under the U.P.C.H. Act, even if consolidation operations are ongoing.
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