Neutral Citation No. - 2025:AHC:129099 Court No. - 34 Case :- WRIT - C No. - 39383 of 2024 Petitioner :- Govardhan Lal And 11 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Kailash Nath Kesharwani Counsel for Respondent :- C.S.C.,Hari Narayan Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Petitioners, before this Court, claim that they were allotted the land after the resolution of Land Management Committee was passed in the year 1993 which was approved by Sub Divisional Officer in the year 1994. Cancellation proceedings under Section 198(4) of U.P. Z.A. and L.R. Act, 1950 (hereinafter called as 'the Act of 1950') were initiated and allotment so made was cancelled vide order dated 12.07.1995. The matter had travelled to this Court through Writ Petition No. 20976 of 1995. The writ petition was disposed of on 03.08.1995. By order of Collector, Auraiya, dated 31.07.2009, the order passed on 12.07.1995 cancelling the allotment made in favour of petitioners was set aside meaning thereby that allotment made in the year 1994 was upheld. 2. Fresh proceeding for cancellation of allotment was initiated under Section 128 of U.P. Revenue Code, 2006 (hereinafter called as "the Code, 2006") in the year 2024. 3. Learned counsel for the petitioner submits that the proceeding under Section 128 cannot continue in terms of Section 128(1-A) as it has not been initiated within 5 years from the date of allotment. 4. Learned Standing Counsel has opposed the writ petition. 5. I have heard learned counsel for the parties and perused the material on record. 6. It is an admitted case to both the parties that allotment was made in the year 1994 which was approved by Sub Divisional Officer. The matter had been carried to this Court wherein the interest of petitioners was protected. It was on 31.07.2009 that Collector, Auraiya had withdrawn the cancellation order dated 12.07.1995. 7. Section 198(6) of the Act of 1950 provides for the period for initiating cancellation proceedings which is 5 years. Moreover, the Code, 2006 was implemented in the year 2016 and the proceedings under Section 128 were initiated in the year 2024. Sub-section (1- A) of Section 128 provides the period for initiation of cancellation proceedings which is 5 years. 8. Looking from both angle, proceedings under Section 128 of the Code, 2006 are barred by limitation as the original allotment of 1994 has been upheld by order of Collector, Auraiya dated 31.07.2009. 9. Considering the facts and circumstances of the case, I find that the proceedings initiated under Section 128 of the U.P. Revenue Code, 2006 in the year 2024 cannot continue and the entire proceedings are hereby set aside. 10. The writ petition succeeds and is hereby allowed. 11. The allotment made in favour of petitioners of the year 1994 stands restored. Order Date :- 1.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad