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MANISH KUMAR
Mehrunnishan – Appellant
Versus
State Of U. P. Thru. Secy. , Deptt. Of Revenue, Lucknow – Respondent
JUDGMENT :
(Manish Kumar, J.)
1. Heard learned counsel for the petitioner, Sri Pankaj Gupta, learned counsel for Respondent No.4, Sri Hemant Kumar Pandey, learned Standing Counsel for the State and Sri Verender Kumar Tiwari, learned counsel for Respondent No.5, who has appeared through caveat.
2. The present writ petition has been preferred for quashing of the impugned Revisional Order dated 12.03.2024 passed by Respondent No.2 Divisional Commissioner, Devipatan Mandal, District -Gonda and impugned order dated 23.10.2017 passed by Respondent No.3 Additional District Collector (Judicial), District -Balrampur (by mistake in the prayer clause it has been mentioned as 'Respondent No.4'), whereby the application preferred by the petitioner under Section 122-C (6) of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred as 'the Act, 1950') has been rejected.
3. Learned counsel for the petitioner has submitted that the Respondent No.5 was not eligible to be allotted the land by the Gram Sabha for the purpose of construction of house but being the son of the Pradhan the land was allotted in his favour on 10.06.1994. The petitioner had filed an objection under Se
The court established that powers under the Uttar Pradesh Zamindari Abolition and Land Reforms Act must be exercised within a reasonable time, and unreasonable delays invalidate such actions.
The main legal point established is that the power to cancel land allotment must be exercised within a reasonable time, and khatedari rights cannot be withdrawn after their conferment.
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
State's delayed challenge to the land grant lacks merit as no substantiating evidence was presented, affirming the integrity of rights established over decades.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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