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HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAKASH PADIA
Sughar Singh – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
PRAKASH PADIA, J.
1. Heard counsel for the petitioner, learned Standing Counsel appearing on behalf of Respondent Nos.1, 2 & 3, Shri Hari Narayan Singh, learned Counsel appearing on behalf of Respondent No.4 and Shri Vimal Kumar, learned counsel appearing on behalf of Respondent Nos.5 & 6 and perused the record.
2. The present writ petition has been filed inter-alia with the following prayers:-
"a) issue a writ, order or direction in the nature of writ of Certiorari quashing the judgment and order dated 06.10.2025 passed by the respondent no.2/Additional Commissioner Judicial 1st Kanpur, Division Kanpur in Revision No.3421 of 2024 (Computerized Case No.C20240300003421) (Sughar Singh Vs. Indrapal and others) under Section 333 of U.P. Zamindari Abolition and Land Reforms Act 1950 as well as judgment and order dated 8.10.2024 passed by the respondent no.3/Additional District Magistrate Finance and Revenue/Additional Collector Kannauj in case no.1176 of 2018 (Computerized Case No.D201803390001176 (Sughar Singh Vs. Land Management Committee and others) under section 198(4) U.P. Zamindari Abolition and Land Reforms Act, 1950."
3. Facts in brief as contained in the writ petition are
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 ....
A complaint under Section 198(4) of the U.P. Act can only be initiated by a 'person aggrieved' who has suffered a legal injury, emphasizing that mere residency does not confer such status.
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....
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....
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
The principle of limitation is fundamental in administrative proceedings, and actions taken after substantial delays are unsustainable under law.
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.
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