Back
IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Basheeran Bibi – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
In Re: Civil Misc. Delay Condonation/ Restoration Application Nos. 3 and 4 of 2023
1. Counsel for the petitioner-applicant is permitted to make necessary correction in the prayer clause of the application during course of the day.
2. Heard Mr. Somendra Singh, learned counsel for the petitioner- applicant, Mr. Azad Rai, learned counsel for respondent- Land Management Committee and Mr. Anjani Kumar Chaurasia, learned Additional Chief Standing Counsel for the State respondents.
3. The instant applications have been filed to recall the order dated 1.3.2023 dismissing the delay condonation and restoration application for want of prosecution.
4. The explanation given for delay in filing the restoration application is satisfactory.
5. Delay in filing the restoration application is condoned.
6. The cause shown for non-appearance on the date fixed is sufficient.
7. The order dated 1.3.2023 is recalled and delay condonation application No. 1 of 2023 and restoration application No. 2 of 2023 are restored to its original numbers.
8. The applications are accordingly allowed.
In Re: Civil Misc. Delay Condonation/ Restoration Application Nos. 1 and 2 of 2023
1. Heard Mr. Some
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.
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
The cancellation of a lease without affording a proper hearing violates principles of natural justice, warranting judicial intervention and remand for fresh consideration.
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.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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....
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
