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CHANDRA KUMAR RAI
Vijay Pal – Appellant
Versus
Board Of Revenue – Respondent
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 Colle
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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.
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
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....
Public interest litigation challenging agricultural lease was dismissed as it was barred by limitation, emphasizing that limitation is a fundamental aspect of legal 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....
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
Cancellation of lease proceedings initiated after the statutory limitation period is invalid and cannot be sustained in law.
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