IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Chandra Kumar Rai,J.
Murali – Appellant
Versus
Board Of Revenue Alld. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Smt. Sushma Devi, learned counsel for the petitioner, Smt. Saraswati Rai, learned counsel for respondent no.4, learned Standing Counsel for the State respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha.
2. Brief facts of the case are that dispute relates to plot No. 423 area 0.066 air situated in Village Baijapur, Pargana Mohammadabad, Tehsil -Sadar, District Mau. Petitioner claimed that he is in possession of the plot in question since before 30.6.1975 being landless agricultural labourer belonging to Scheduled Caste community, as such, is entitled to the benefit of Section 122-B (4F) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as U.P.Z.A. and L.R. Act. The Lekhpal of the area submitted his report on 26.2.1994 to the effect that lease of the plot in question has been granted in favour of respondent no.4-Katawaru on 7.8.1994 which was also approved by the authorities on 4.7.1995. Petitioner accordingly applied for cancellation of the lease executed in favour of respondent no.4. Additional Collector Mau vide order dated 17.10.2006 cancelled the lease executed in favour o


The court upheld the validity of the agricultural lease granted to the respondent, finding that the petitioner failed to establish prior possession or entitlement under Section 122-B (4F) of the U.P.....
A revision filed after a significant delay is an abuse of process, and the cancellation of a lease under the U.P.Z.A.&L.R. Act is final, barring further claims for possession.
Petitioner failed to establish rights over land, resulting in dismissal of writ petition upholding earlier judicial findings.
The court affirmed the entitlement of the petitioner to Bhumidhar rights under the U.P.Z.A. & L.R. Act, emphasizing the importance of recognizing statutory protections for marginalized community memb....
The recall of benefits granted under Section 122B (4-F) of the U.P.Z.A. & L.R. Act is impermissible without following proper legal procedures.
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....
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.
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....
Deeming provision under Section 122-B(4-F) confers bhumidhar rights on eligible Scheduled Caste landless labourers; ex-parte recalls invalid; no revision against such orders or restorations thereof.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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