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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Chhote Lal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. condonation of delay application granted. (Para 1 , 2 , 3) |
| 2. background of lease grant and cancellation. (Para 4 , 5 , 8) |
| 3. court's overview on lease cancellation. (Para 6 , 7) |
| 4. requirement for notice prior to lease cancellation. (Para 9 , 10 , 11) |
| 5. writ petition allowed; orders quashed. (Para 12 , 13) |
ORDER :
In Re: Civil Misc. Delay Condonation Application No.6 of 2023 along with Substitution Application No.7 of 2023
1. The instant applications have been filed in respect of deceased petitioner no.32 along with application under Section 5 of LIMITATION ACT .
2. The explanation given for the condonation of delay in the affidavit is satisfactory.
3. Delay in filing the substitution application is condoned.
4. Let the word 'deceased' be mentioned against the name of petitioner no.32 and his legal heirs as mentioned in the prayer clause be substituted as petitioner nos.32/1 to 32/6.
5. The applications are accordingly, allowed.
Order On Writ Petition
1. Heard Mr. A.K. Dixit, Shive Datta Yadav and Mr. Devesh Kumar Verma, learned counsel for the petitioners, Mr. Tarun Gaur, learned Standing Counsel for the State respondents and Mr. Hari Narayan Singh, learned counsel for r
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
Cancellation proceedings initiated after the limitation period are time-barred and cannot be entertained.
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.
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 cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
Petitioner failed to establish rights over land, resulting in dismissal of writ petition upholding earlier judicial findings.
Cancellation of an agricultural lease based on a private complaint was deemed arbitrary, upholding the Additional Collector's finding of no irregularity and affirming the lease's validity.
Cancellation of land leases must adhere to statutory limitation periods; proceedings initiated beyond these limits are illegal and violate principles of natural justice.
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....
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