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KSHITIJ SHAILENDRA
Bhupendra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Kshitij Shailendra, J.
These two writ petitions contain common questions of fact and law and, therefore, the same are being decided by this common judgement.
2. One Smt. Revti was granted a lease in respect of Gata Nos.1150 and 645 by the Land Management Committee in the year 1992. Certain proceedings under Section 198 (4) of the U.P. Zamindari Abolition & Land Reforms Act-1950 (in short 'the Act- 1950') were initiated alleging the lease as invalid, however, the same were dismissed on 29.12.1995. Smt. Revti executed a sale deed in respect of Gata No.1150 in favour of her son Jagpal Singh in the year 2006 whereas another sale deed was executed in favour of Anita Sharma and others in respect of Gata No.645 in the year 2003.
3. A complaint was made by the complainant-respondent in the year 2015 alleging that lease granted in favour of Smt. Revti was invalid as, at the time of grant of lease, her son Jagpal Singh was Village Pradhan, i.e. head of the Land Management Committee. Further allegations were made in respect of transfer of land in favour of Jagpal Singh and Anita Sharma.
4. The proceedings were opposed by Jagpal Singh and Anita Sharma etc. and, by a common order dated
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
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 exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
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....
The court affirmed that lands designated as Shamlat deh cannot be claimed by lessees post lease expiry, emphasizing the distinction between lease and allotment under the Punjab Village Common Lands A....
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