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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
IRSHAD ALI
Daya Ram Objection Filed – Appellant
Versus
State Of U.P.Through Collector Sitapur – Respondent
JUDGMENT :
IRSHAD ALI, J.
1. Heard Sri Vimal Kishore Verma, learned counsel for the petitioner, Sri S.P. Maurya, learned Standing Counsel for the State-respondent and Sri Dilip Pandey, learned counsel for respondent No.5.
2. By means of the present writ petition, the petitioner has prayed for the following reliefs :-
"(i) issue a writ, order or direction in the nature of certiorari quashing he impugned judgment and order dated 16.4.2003, passed by opposite party No.2, Additional Commissioner (Judicial) Lucknow Division, Lucknow in Revision No.405 of 1996-97 under Section 333-A of the U.P. Z.A. & L.R. Act, contained at Annexure No.10 to the writ petition, and impugned order dated 24.1.1997 passed by opposite party No.3, Appar Collector, Sitapur in Case No.31/36/48/104 Under Section - 198(4) of the U.P. Z.A. & L.R. Act, contained at Annexure No.8 to the writ petition.
(ii) issue any other writ, order or direction in the nature and manner which this Hon'ble Court may be deemed fit, proper and just in the circumstances of the case and;
(iii) ..."
3. Factual matrix of the case is that the petitioner is a landless person belonging to backward caste and residing in Village Medhia, Mohammadpur Ka
The court upheld the validity of agricultural allotment made in 1975-76, emphasizing that findings of fact by authorities require no interference unless proven perverse.
The statutory requirement of notice before lease cancellation is crucial; failing to comply invalidates such actions, reinforcing principles of due process.
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 ....
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.
Mandatory provisions for cancellation of leases require notice and opportunity for hearing, underscoring the importance of due process.
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 court established that residents can challenge land allotments as 'persons aggrieved' under the U.P. Zamindari Abolition and Land Reforms Act, emphasizing the importance of public interest in suc....
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....
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