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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Chandra Kumar Rai,J.
Sumer Singh – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT :
(Chandra Kumar Rai, J.)
1. Heard Sri Adya Prasad Tewari and Sri S.K. Tiwari, learned counsel for the petitioner, Sri Indrasen Singh Tomar, learned Addl. C.S.C. for the state-respondents and Sri Deepak Gaur, learned counsel for the respondent-Land Management Committee.
2. Brief facts of the case are that petitioner nos.1, 2, 3, 4 and father of respondent no. 5/6 were allotted plot in dispute, situated in village- Khiriya Chhatara, Tehasil & District- Lalitpur, area measuring about 34.95 acres in the year 1959 (1366 fasli). During C.L.R.D. Scheme, leases were executed to the occupants of the land by the Sub Divisional Officer. According to the petitioners, after execution of the lease deed, petitioners remained in possession. No complaint or proceeding of any nature were initiated against the petitioners till the year 1978. A suo moto proceeding was initiated by the State of U.P. against the petitioners in the year 1979 on the ground that the lease holders already had enough land, as such, lease executed in favour of the petitioners should be cancelled. Another ground was taken that brother of one of the petitioners, was member of the Land Management Committee, as such, lease
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.
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 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 statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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 principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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