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CHANDRA KUMAR RAI
Vijay Bahadur Singh – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Mr. Akhilesh Kumar Singh, learned counsel for the petitioner, Mr. P.K.S. Paliwal, learned counsel for the respondent no. 5 and Mr. Hari Kant Shukla, learned Standing Counsel for the State respondents.
2. Brief facts of the case are that Plot No. 2347 area 0.800 Hectare and Plot No. 2280 area 0.919 Hectare situated in Mauja-Pardaha, Tappa, Paragana and Tehsil-Mohammadabad Gohana ( at present Tehsil-Sadar) District-Mau was allotted to petitioner on 21.02.1982 being ex-army man (Sepoy). The aforementioned allotment was approved also by Sub-Divisional Officer on 18.09.1982. Private respondent no. 5 filed an application for cancellation of petitioner's lease on the ground that petitioner did not have any land in the village as such he is not entitled to allotment. According to petitioner, the petitioner had retired from Indian Army and fought for the country in the war of 1965 and 1971 as such petitioner is entitled for allotment of the plot in question in view of the provision contained under Section 198 (1)(f) of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as U.P.Z.A. & L.R. Act). Petitioner filed his objection in
The cancellation of land allotment to an ex-army man was invalid as it was initiated by a private party without locus standi, reaffirming the preferential rights under the U.P.Z.A. & L.R. Act.
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 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....
A landless person can be granted land under the U.P. Bhudan Yagna Act irrespective of their residency in the village where the land is located, as long as there are no eligible landless persons in th....
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
The court ruled that a person must demonstrate a legal grievance to qualify as 'aggrieved' for a writ petition under the U.P. Zamindari Abolition and Land Reforms Act, emphasizing enforceable rights ....
Cancellation of land leases must adhere to statutory limitation periods; proceedings initiated beyond these limits are illegal and violate principles of natural justice.
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