Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.

JUDGMENT :

(Chandra Kumar Rai, J.)

In Re: Civil Misc. Impleadment Application No. 250282 of 2011

1. No ground for impleadment is made out.

2. Application is rejected.

In Re: Civil Misc. Impleadment Application No. 284192 of 2012

1. No ground for impleadment is made out.

2. Application is rejected.

Order on Writ Petition

1. Heard Mr. S.K. Purwar, learned counsel for the petitioner, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State respondents and Mr. Krishna Kant Singh, learned counsel for respondent no.4, Land Management Committee.

2. Brief facts of the case are that petitioner along with others were granted agriculture lease in respect to plot No. 157 situated Village Panethi, Tehsil Kol, District Aligarh on 6.11.1976 which was approved in accordance with law on 29.11.1976. On the basis of lease, petitioner came in possession and recorded in revenue record. An application for cancellation of petitioner's lease was filed by private respondent no.3 on 3.9.1991. In the aforementioned cancellation proceeding, show cause notice was issued to the petitioner along with other allottees accordingly objections were filed to the show cause notice. Additional Collector vide order dated 16.9.1993 cancelled the lease of 19 allottees including petitioner. Against the order dated 16.9.1993, petitioner and others filed revision before the Commissioner. The aforementioned revisions were heard by Additional Commissioner (Judicial) Agra Division Agra and a reference was sent before Board of Revenue vide order dated 13.9.1996 to allow a three revision and dismissed the one revision. On the basis of reference sent by Additional Commissioner, Board of Revenue vide ex-parte order dated 17.1.1997 rejected the reference and remanded the case before Collector Aligarh with certain observations. Against the order dated 17.1.1997, an application for recall was filed before Board of Revenue which was dismissed vide order dated 1.4.2003. Hence this writ petition challenging the order dated 1.4.2003, 17.1.1997 passed by respondent no.1, Board of Revenue and order dated 16.9.1993 passed by respondent no.2, Additional Collector, Aligarh.

3. This Court entertained the matter on 22.11.2014 and granted conditional interim order which is as under:-

"Unless ordered otherwise further proceedings in pursuance of order passed by Board of Revenue, U.P. Allahabad dated 17.1.1997 shall remain stayed for a period of one year provided that within three months from today the petitioner deposits Rs. 10,000/-before the Collector Aligarh. The said amount shall be kept in consolidated Gaon Sabha Fund.

Order regarding disbursement of amount shall be passed at the time of final disposal of the writ petition."

4. The aforementioned interim order was further extended on 6.1.2006 and 21.4.2006.

5. No counter affidavit has been filed in the matter.

6. Counsel for the petitioner submitted that petitioner was granted agriculture lease in the year 1976 and remained in possession over the allotted plot. He further submitted that cancellation proceeding has been initiated after 15 years at the instance of private party resulting into cancelling the petitioner's lease which is wholly illegal. He submitted that in view of the provisions contained under Section 198 (6) of U.P.Z.A. and L.R. Act, the proceeding cannot be entertained after prescribed period of limitation. He submitted that impugned order passed by respondents are wholly illegal and liable to be set aside. He further placed reliance upon the judgment of this Court reported in 2018 (140) RD 220 Jitendra Kumar @ Gopal Vs. State of U.P. and Others and 2010 (109) RD 566 Suresh Giri and Others Vs. Board of Revenue and Others in order to demonstrate that cancellation proceeding initiated by stranger beyond the prescribed period of limitation cannot be entertained.

7. On the other hand, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State respondents and Mr. Krishna Kant Singh, lear