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HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI
Abhinav Singh – Appellant
Versus
Board Of Revenue U.P. – Respondent
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 advertisement was issued on 28.06.2023 for allotment of Retail Outlet Dealership of Indian Oil Corporation. Along with petitioner, respondent no. 6 was also one of the applicant. In terms of advertisement, respondent no. 6 has produced required lease deed of land executed by respondent no. 5 f
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.
The unilateral cancellation of a registered lease deed is illegal if it does not comply with the provisions of the Transfer of Property Act, specifically Section 111, and lease rights persist despite....
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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