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CHANDRA KUMAR RAI
Shyam Bihari Yadav – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Counsel for the petitioners is permitted to implead the Gaon Sabha as respondent no.5 and shall serve the copy upon Mr. Rameshwar Prasad Shukla, learned counsel for respondent-Gaon Sabha.
2. Heard Mr. R.C. Upadhyay, learned counsel for the petitioners, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent no.5, Gaon Sabha.
3. Brief facts of the case are that lease for agriculture purpose was executed in favour of private respondents on 5.6.1994 in respect to plot No. 73/ 0.042, 168/ 0.055, 271/ 0.272, 280/ 0.111. Proceeding for cancellation of lease executed on 5.6.1994 under Section 198 (4) of U.P.Z.A. and L.R. Act initiated by one Sommar was dismissed vide order dated 11.9.2003. Sommar challenged the order dated 11.9.2003 through revision under Section 333 of U.P.Z.A. and L.R. Act before Commissioner which was partly allowed by Commissioner vide order dated 19.11.2004 cancelling lease of Durgawati for part of the area. A restoration application dated 7.6.2019 filed by D.G.C. (Revenue) after 14 years 6 months against the order dated 19.11.2004 was
Public interest litigation challenging agricultural lease was dismissed as it was barred by limitation, emphasizing that limitation is a fundamental aspect of legal proceedings.
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.
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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....
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.
Petitioner failed to establish rights over land, resulting in dismissal of writ petition upholding earlier judicial findings.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
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....
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