Neutral Citation No. - 2025:AHC-LKO:44796 Court No. - 6 Case :- WRIT - C No. - 7296 of 2025 Petitioner :- Ramakant Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko And 4 Others Counsel for Petitioner :- Saurabh Yadav,Satyendra Pratap Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Alok Mathur,J. 1. Heard Shri Saurabh Yadav, learned counsel for the petitioner as well as Learned Standing counsel for respondents no. 1 and 2 and Shri Dilip Kumar Pandey, learned counsel for respondent no.3. 2. In view of the order proposed to be passed, notice to private respondents no. 4 and 5 is dispensed with. 3. By means of present writ petition, the petitioner has made following reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari for quashing of order dated 25.02.2025 passed by the Commissioner, Lucknow Division, Lucknow in Case No. 952 of 2023 (Computerized Case No. C201310000000952) In Re: Ramakant Versus Mohan Lal and others and order dated 23.03.2023 passed by A.D.M. (Judicial), Tehsil Purwa, District Unnao in Case No. 5416 of 2022, Computerized Case No. D202010690005416 Ramakant Versus Mohan Lal and others under Section 128 of U.P. Revenue Code, 2006, contained as Annexure No.1 and 2 to thsi writ petition. (ii) Issue a writ, order or direction in the nature of mandamus directign the opposite parties no.2 to 5 not to disturb peaceful possession of the petitioner. " 4. It has been submitted by learned counsel for the petitioner that the petitioner is permanent resident of Village Gulariya, Post Lutna, Pargana Maurawan, Tehsil Purwa, District Unnao and is in possession of the land on Gata No. 1151/0.1140 hectare situated at the aforesaid village. 5. It has been submitted that on 8.12.2012 the Land Management Committee of the said village had proposed grant of patta in favour of respondents no. 4 and 5 and it is the said proceedings which are subject matter in the present writ petition. 6. The petitioner had moved an application under Section 128 (1-A) of the U.P. Revenue Code for cancellation of patta made in favour of respondents no. 3 and 4 before the Additional District Magistrate, Tehsil Purwa, District Unnao. On the said application notices were issued . In his application the petitioner has stated that he was in possession of the said land for more than 20 years and also made construction on the said land it it is part of his 'Sehan'. 7. It has further been stated that they were not aware of grant of patta in favour of respondents no.4 and 5 and they came to know of the said allotment only in the year 2022 and therefore, have made an application for cancellation of the same. The Additional District Magistrate (Judicial) noticed that the application has been made after expiry of 09 years, 10 months and 04 days from the letter of allotment as per provision of Section 128(1-A) of the U.P. Revenue Code, the cancellation of such patta can be made only within the period of 05 years from the date of allotment of the lease and accordingly it was found that the application filed by the petitioner was highly belated and consequently rejected his application. 8. The petitioner being aggrieved by the order dated 23.03.2023, passed by the Additional District Magistrate (Judicial), Unnao, preferred a Revision before the Additional Commissioner, Administrative, Lucknow. The Revisional Authority also after considering the entire fact was of the view that the application for cancellation was given highly belatedly after 9 yeas, 10 months and 04 days and found that the statutory provision contained in Section 128 (1A) of the U.P. Revenue Code clearly provides that such application has to be given within 05 years, found the application belated and accordingly rejected the revision upholding the order of the Additional Commissioner (Administration), Lucknow. From the petition in the present writ petition they have reiterated his contention raised before the Authority below he has submitted that he is in occupation of the said land for 20-25 years and that the allotment made in favour of respondents no. 4 and 5 without following the procedure prescribed under the law, and therefore, prayed for dismissal of the patta made in favour of respondents no.4 and 5. 9. Learned counsels for the respondents on the other hand, opposed the petition submitting that both the authorities below have correctly decided the matter and in case the petitioner is aggrieved by the allotment of Patta such complaint will be made within the period prescribed under Section 128(1A) of the U.P. Revenue Court, while in the present case the application was made highly belatedly after 09 years, 10 months and 04 days and therefore, such an application cannot be allowed. 10. After considering the rival contentions of the parties, it is noticed that undoubtedly the time period as has been provided under Section 128(1-A) of the U.P. Revenue Code, which is 05 years and therefore, in such a situation where right to property is sought to be taken away, such a statute has to strictly be construed. Therefore, any application assailing grant of patta has to be made during the period of 05 years, and undoubtedly the application having been made beyond the period of 05 years, was not acceptable and no order for cancellation of patta could have been passed. 11. Therefore, this Court is of the considered view that the Authorities below have correctly interpreted the provision and rejected the application of the petitioner. I do not find any ground for interference in the impugned orders and hence all the grounds made by the petitioner are beyond the period prescribed, therefore the writ petition appears to be devoid of merits and is accordingly dismissed. . (Alok Mathur, J.) Order Date :- 1.8.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench