Neutral Citation No. - 2025:AHC-LKO:4532 Court No. - 3 Case :- WRIT - C No. - 1001316 of 1998 Petitioner :- Phool Chand Verma And Others L.R. Act Respondent :- Addl. Collector Pratapgarh And Others Counsel for Petitioner :- P.K.Jaiswal,Dhiraj Chaurasiya,Padam Kant Mishra Counsel for Respondent :- C.S.C.,R.N.Gupta,Vijay Bahadur Verma Hon'ble Irshad Ali,J. 1. In pursuance to the order dated 2.1.2025, learned Standing Counsel has filed instruction, which is taken on record. 2. Heard Sri Dhiraj Chaurasiya, learned counsel for the petitioners and learned Standing Counsel for the State- respondent. 3. Brief facts are that a meeting of the Gram Panchayat was convened for allotment of vacant land to the landless and suitable persons according to the provisions of the U.P. Zamindari Abolition and Land Reforms Act on 16.1.1995. On 15.5.1995, the proposal of the Land Management Committee was scrutinized by the Naib Tehsildar and sent the report to the Assistant Collector, Patti, Pratapgarh. After the confirmation of the proposal of the allotment, the names of the petitioners alongwith other persons were recorded in the revenue record. 4. The Additional Collector passed the order, cancelling the allotment of the lease granted to the petitioners and other persons vide order dated 17.9.1997. 5. Submission of learned counsel for the petitioners it that prior to passing of the impugned order dated 17.9.1997, no notice nor opportunity of hearing was provided to the petitioners. He submits that signature bearing in the resolution of Gram Panchayat as well as of the Assistant Collector are genuine and does not suffer from any infirmity or illegality. 6. In the instruction received by learned Standing Counsel on behalf of the District Magistrate, Pratapgarh, it has been stated that at the time of inspection, after the institution of case No.385/1997 under Section 198 of U.P. Zamindari Abolition and Land Reforms Act, the Presiding Officer himself visited the spot and recorded statement of certain persons and gave opportunity of hearing and to file objection, but the opportunity given was not availed, therefore, there is no question to give notice or opportunity of hearing prior to cancellation of lease. 7. It has also been stated that while granting lease, no agenda nor by the beat of drum intimation was issued to the villagers. The papers prepared in this regard are forged and under conspiracy. The signature of the S.D.M. bearing on the order dated 16.5.1995 is forged and manipulated and lease has been made to the ineligible persons on the basis of allotment of lease on manipulation and fraud, therefore, the lease was cancelled. 8. I have considered the submission advanced by learned counsel for the parties and perused the material on record as well as the instruction received and supplied by learned Standing Counsel. 9. The instruction reveals that prior to passing of the impugned order, no notice nor opportunity of hearing was afforded to the petitioners as required under Section 198 (5) U.P. Zamindari Abolition and Land Reforms Act, therefore, the impugned order being violative of principles of natural justice is liable to be set aside on the short ground and the matter of enquiry in regard to the forged signature and manipulation in obtaining the lease is open to the respondents to record finding in this regard. 10. In view of the above, the impugned order dated 17.9.1997 is hereby set aside on the ground that it is in violation of principles of natural justice, leaving it open to the respondent No.1 to pass a fresh order, considering the entire material on record after giving opportunity of hearing to the petitioners. The said exercise shall be completed within a period of four months from the date of production of a certified copy of this order and the case shall not be adjourned on the frivolous adjournments of the petitioners. 11. With the aforesaid observation and direction, the writ petition is finally disposed of. Order Date :- 20.1.2025 Gautam Digitally signed by :- GAUTAM TECKCHANDANI High Court of Judicature at Allahabad, Lucknow Bench