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HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI
Abhinav Singh – Appellant
Versus
Board Of Revenue U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's request for judicial review. (Para 2 , 3) |
| 2. arguments against the validity of the lease deed. (Para 4) |
| 3. respondent's arguments supporting the lease. (Para 5 , 6) |
| 4. court's interpretation of locus standi. (Para 10 , 11) |
| 5. writ petition dismissed. (Para 18 , 19) |
JUDGMENT :
NEERAJ TIWARI, J.
1. Heard Sri Amit Kumar Rai, learned counsel for petitioner, learned standing counsel for respondent nos. 2 to 4, Sri Shyam Surat Shukla, learned counsel for respondent no. 6 and Mr. Samir Sharma, learned Senior Counsel as amicus curiae appointed by this Court vide order dated26.08.2025.
2. Present petition has been filed seeking following relief:-
“(I) Issue, a writ, order or direction in the nature of certiorari quashing the impugned revisional order dt. 10.07.25 passed by respondent no. 1 and impugned order dt. 28.05.25 passed by respondent no. 4 (Annexure No. 1 & 2 to this writ petition respectively).
(II) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 4 to cancel the lease deed dt. 15.02.23 as per provisions of section 104 of the code and Rule 103 of the U.P. Revenue Code Rules 2016.”
3. Brief facts of the case are that an a
Petitioner lacked locus standi to challenge a private lease under the U.P. Revenue Code, as only parties with direct interests may bring such claims.
The main legal point established in the judgment is that the transfer of land without prior permission from the Collector under section 165(7-b) of the Madhya Pradesh Land Revenue Code is void ab ini....
The civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
Express conditions in a lease must be strictly adhered to; violation justifies cancellation based on section 111(g) of the Transfer of Property Act.
(1) Decisive consideration in determining whether an agreement creates relationship of lessor and lessee or merely that of licensor and licensee is intention of parties – This intention has to be asc....
Asami leases under U.P. Zamindari Abolition and Land Reforms Act automatically terminate after five years, allowing eviction without a suit under Section 202.
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