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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
IRSHAD ALI
Maya Devi – Appellant
Versus
Collector Sitapur – Respondent
| Table of Content |
|---|
| 1. petitioner challenges an order canceling lease. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding procedural issues and jurisdiction. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. importance of show cause notice and natural justice. (Para 13 , 14 , 15) |
| 4. court's observations on legal precedents and principles. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 5. the impugned order quashed; writ petition allowed. (Para 22 , 23) |
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri R.P. Shukla, learned counsel for petitioner and learned Additional CSC for the respondent-State.
2. Notice was issued to respondent - gaon sabha but no one appears and notice has been found deemed to be sufficient.
3. By means of present writ petition, the petitioner has assailed the order dated 27.04.2001 passed by Collector, Sitapur in case No.34 under Section 198 (4) UPZA & LR Act, 1950.
3.1 Respondent Nos.2 to 9 instituted case No.34; Hiralal vs. Smt. Maya Devi and other before the Collector, Sitapur under Section 198 (4) of 1950 Act for cancelling the lease granted in favour of the petitioner in respect of gata No.293 area 1.60 dismal situated in village Gyan sagar, H/o Mishrikh Rural, Pargana and Tehsil Mishrikh District Sitapur
The requirement for issuing a show cause notice before lease cancellation under Section 198(5) of the U.P. Zamindari Abolition & Land Reforms Act is mandatory and non-compliance nullifies the order.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under 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....
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.
Cancellation of land leases must adhere to statutory limitation periods; proceedings initiated beyond these limits are illegal and violate principles of natural justice.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
Cancellation of land allotment must comply with statutory limitations; proceedings initiated after five years are jurisdictionally invalid.
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