Case: (Smt.) Suhagwati wife of Sri Ram Charan @ Ram Prakash and Ors. Vs State of U.P. through Secretary, Home Revenue, Collector, Upziladhikari Karhal and LMC Nitawali, Pargana Pargana Barnahal through its Chairman. High Court of Allahabad (India)
| Judges | Ashok Bhushan, J. |
| Issue | Property Law |
| Citation | 2008 (2) AWC 1539 All, 2008 ILR (1) All 332, 2008 (104) RD 510 |
| Judgement Date | February 21, 2008 |
| Court | High Court of Allahabad (India) |
Judgment:
Ashok Bhushan, J.
-
Heard learned Counsel for the petitioners and learned standing counsel representing the respondents No. 1 and 2.
-
By this writ petition, the petitioners have prayed for quashing the illegal allotment of agricultural land by the Land Management Committee dated 3.11 2007.
-
Learned standing counsel submits that remedy of the petitioners is to file an application, seeking cancellation of the lease under Section 198(4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Learned Counsel for the petitioners submits that village is under consolidation hence, the remedy of Section 198 (4) cannot be invoked.
-
I have considered the submissions of counsel for both the parties and perused the record.
-
The question raised in the present writ petition is as to whether, the petitioners have remedy under Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950, seeking cancellation of the lease or the said remedy cannot be invoked in view of the fact that notification under Section 4(2) of the U.P. Consolidation of Holdings Act has already been issued.
-
Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 provides for cancellation of agricultural lease granted under Sections 195 and 197. Section 198 (4) of the is to the following effect:
198 (4) The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any.
-
The effect of notification under Section 4(2) is provided under Section 5 (2) of the of the U.P. Consolidation of Holdings Act which is as follows:
5(2) Upon the said publication of the notification under Sub-section (2) of Section 4 the following further consequences shall ensure in the area to which the notification relates, namely:
(a) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending stand abated:
Provided...
To continue reading
Request your trial