Back
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Irshad Ali,J.
Rajesh Kumar – Appellant
Versus
Upper Collectorf.And R.Raibareli – Respondent
| Table of Content |
|---|
| 1. the petitioner challenges the cancellation of land lease. (Para 1 , 2 , 3 , 4 , 6) |
| 2. cancellation procedures under u.p. bhudan yagna act must be followed. (Para 5 , 16 , 18) |
| 3. petitioner argues no eligible landless person exists in the village. (Para 7 , 8) |
| 4. judicial precedents support the petitioner's claim to land. (Para 11 , 12) |
| 5. court quashes the impugned orders and allows the writ petition. (Para 21 , 22 , 23) |
JUDGMENT :
(Irshad Ali, J.)
1. Heard Sri Sharad Pathak, learned counsel for the petitioner and Sri Shatrughan Chaudhary, learned Additional CSC for respondent - State.
2. The present writ petition has been filed challenging the order dated 13.08.1992 - annexure 5 to the writ petition passed by Additional Collector, Finance and Revenue, Raebareli by means of which the lease granted to the petitioner in regard to khasra No.2032 area 1 bigha has been cancelled on three grounds:
a) The petitioner is not resident of village Sultanpur Kheda;
b) The petitioner is not landless agricultural labor;
c) The petitioner is not doing agriculture work on the land.
3. The petitioner has also challenged the impugned order dated 02.01.1993 - anneuxre 11 to the writ petition by
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....
Grants made to minors under the U.P. Bhoodan Yagna Act are void ab initio, as minors do not qualify as 'landless agricultural labourers' under the law.
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....
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
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 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 ....
Point of law: Whenever the Land Management Committee intends to admit any person to land under Section 195 or 197, it shall announce by beat of drum in the circle of the Gaon Sabha in which the land ....
A complaint under Section 198(4) of the U.P. Act can only be initiated by a 'person aggrieved' who has suffered a legal injury, emphasizing that mere residency does not confer such status.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
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
