Back
CHANDRA KUMAR RAI
Vijay Bahadur @ Chutunni – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Mr. Om Narayan Dwivedi and Mr. Sunil Kumar Yadav, counsel for the petitioners, Mr. Raj Kumar, counsel for the respondent nos. 7 & 8, learned Standing Counsel for the respondent nos. 1 to 5 and Mr. Pradeep Singh, counsel for the respondent no. 6.
2. Brief facts of the case are that the petitioners had been allotted plot nos. 231, 232, 233, 234 and 236 for the residential purpose on 20.02.2006. The name of the petitioners were entered in the revenue records after the allotment in question. The respondent nos. 7 and 8 who were also allottees in the aforementioned allotment have filed an application dated 3.8.2013 under Section 122C(6) of U.P.Z.A & L.R. Act for cancellation of the allotment/approval dated 20.2.2006 before District Magistrate, Bhadohi. The District Magistrate, Bhadohi vide order dated 7.9.2015 rejected the applications for cancellation of the allotment filed by respondent nos. 7 and 8 holding that application has been filed with inordinate delay and also recorded finding that proceedings for allotment has taken place according to Act & Rules. Against the order dated 7.9.2015, respondent nos. 7 and 8 preferred a revision before the
The court upheld the validity of agricultural allotment made in 1975-76, emphasizing that findings of fact by authorities require no interference unless proven perverse.
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
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 Collector can cancel land allotments without notice if acting on his own motion, as per the U.P. Revenue Code, ensuring procedural compliance.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
The central legal point established in the judgment is that orders passed without jurisdiction are nullities and have no legal effect, emphasizing the significance of jurisdictional validity in admin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
