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Summary of Sections 198(6) of the Zamindari Abolition and Land Reforms Act, 1950
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Limitation Period for Cancellation Proceedings
Section 198(6) specifies a limitation period of 7 years within which proceedings for cancellation of land allotments or leases must be initiated. This period generally begins from the date of the allotment or the relevant notice, as clarified through various case references.
References: Indra Mani VS Upper Commissioner Azamgarh - Allahabad, Ram Charan VS Addl. Commissioner, Agra Division, Agra - Allahabad, RAM DEV VS STATE OF UTTAR PRADESH - Allahabad, SUBHAG VS BOARD OF REVENUE, U. P. - Allahabad, Satya Narayan Thru. Grandson Anil Kumar VS State Of U. P. Thru Collector, Sultanpur - Allahabad -
Application of Limitation and Procedure
The clause emphasizes that proceedings initiated after the expiry of the limitation period are barred, unless extended by specific provisions or exceptional circumstances. The courts have held that the limitation period is to be calculated from the date of the show-cause notice or the date of allotment, depending on the case.
References: Ram Charan VS Addl. Commissioner, Agra Division, Agra - Allahabad, SUBHAG VS BOARD OF REVENUE, U. P. - Allahabad, Satya Narayan Thru. Grandson Anil Kumar VS State Of U. P. Thru Collector, Sultanpur - Allahabad -
Legal and Judicial Interpretations
Courts have examined whether the cancellation notices and proceedings were within the prescribed limitation period. In some cases, proceedings initiated beyond 7 years were deemed barred, while in others, the courts scrutinized the nature of the notice and the date from which limitation was to be computed.
References: Shyam Bihari Yadav VS State Of U. P. - Allahabad, RAM DEV VS STATE OF UTTAR PRADESH - Allahabad, Raghvendra Pratap VS Board of Revenue U. P. At Allahabad - Allahabad -
Implications for Land Allotments and Leases
The provisions aim to prevent stale claims and ensure timely action for cancellation of land allotments or leases, especially when such allotments are challenged on grounds of encroachment or irregularities. The law balances public interest with procedural fairness.
References: SUBHAS VS ADDITIONAL COMMISSIONER (ADMN. ) MEERUT - Allahabad, Shyam Bihari Yadav VS State Of U. P. - Allahabad, Visharam Singh vs State of U.P. - Allahabad
Analysis and Conclusion
Section 198(6) of the UP Zamindari Abolition and Land Reforms Act, 1950, establishes a clear 7-year limitation period for initiating cancellation proceedings related to land allotments and leases. Courts have consistently upheld this period, emphasizing that proceedings initiated after this window are generally barred, unless specific exceptions apply. Proper adherence to this limitation is crucial for the legality of cancellation actions, ensuring procedural fairness and legal certainty in land reforms.
Search Results for "198 6 of up Zamindari Abolition Land Reforms"
2013 0 Supreme(All) 3208 • India - Allahabad
MANOJ MISRA
Zamindari Abolition and Land Reforms Act. ... Zamindari Abolition and Land Reforms Act. ... of limitation under section 198(6) of the U.P. ... Zamindari Abolition and Land Reforms Act. ... Zamindari Abolition a....
2016 0 Supreme(All) 3933 • India - Allahabad
B.AMIT STHALEKAR
Zamindari Abolition and Land Reforms Act, 1950, Section 198(6) - General Clauses Act, Section 6 - Summary of the acts and sections ... Zamindari Abolition and Land Reforms Act, 1950, and Section 6 of the General Clauses Act in relation to the proceedings initiated ... Revenue Code,....
1993 0 Supreme(All) 31 • India - Allahabad
R.K.GULATI
ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950 - SECTION 198(4), (5), (6) - RULES 173 TO 177 - CANCELLATION OF ALLOTMENT - NON-OBSERVANCE ... Zamindari Abolition and Land Reforms Rules, 1952? 2. ... Zamindari Abolition and Land Reforms Rules, 195....
2017 0 Supreme(All) 1624 • India - Allahabad
ANJANI KUMAR MISHRA
Zamindari Abolition and Land Reforms Act - The court found that the allotment made in favor of the petitioner's mother was rightly ... Zamindari Abolition and Land Reforms Act, initiated by the respondent for cancellation of an allotment made in favor of the petitioner's ... Fact of the Case: The writ petition arises from proceedings under Section #H....
2008 0 Supreme(All) 1087 • India - Allahabad
ASHOK BHUSHAN
Zamindari Abolition and Land Reforms Act, 1950—Sections 198(4), (6), (5) and 132—Lease—Application for cancellation—Period of limitation—Whether ... question of limitation as prescribed under Section 198(6) will be computed from date of issue of show-cause notice or from date ... (4) within time as prescribed for, under Section 198(#H....
2024 0 Supreme(All) 2285 • India - Allahabad
CHANDRA KUMAR RAI
Zamindari Abolition and Land Reforms Act, 1950 - Sections 198(4), 198(6), and 333 - Public interest litigation challenging agricultural ... Under Subsection (6) of Section 195 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the complaint which was ... & Others)....
2014 0 Supreme(All) 1419 • India - Allahabad
SUNITA AGARWAL
Zamindari Abolition and Land Reforms Act, 1950—Sections 198(6), 198(4) and 3(4)—U.P. ... Land Revenue Act, 1901—Sections 14, 14-A and 15—Lease—Allotment—Residential plots—Cancellation of—Show-cause notice—Reply submitted—In ... Zamidari Abolition and Land Reforms Act, 1950, the pow....
2020 0 Supreme(All) 1424 • India - Allahabad
SANGEETA CHANDRA
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 – Section 198(6) – Rights and interests of ... Cancellation of lease – Court has perused order impugned – It appears that petitioner was accused of encroachment over pubic utility land ... (6) was 7 years and was upto 10.11.1987. ... (6) of UPZA and LR Act, has been duly con....
2011 0 Supreme(All) 2276 • India - Allahabad
A.P.SAHI
Zamindari Abolition and Land Reforms Act, 1950—Section 198 (6)—Lease—Cancellation of—Show-cause notice—Limitation—Whether barred—Objections ... (6)—Further, recording a finding that land in question earlier allotted in year 1970 to complainant—The same deserve an enquiry—In ... present case, lease was granted in year 1986—Provision of Section #HL_START....
2025 0 Supreme(All) 3207 • India - IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Zamindari Abolition and Land Reforms Act, 1950 - Sections 198(5) and 198(6) - Agriculture lease cancellation - Petitioners granted ... Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "U.P.Z.A. & L.R. ... Zamindari Abolition and #HL_START....
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