LALLURAM AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/4087/2025 · 2025-07-31
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17969 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:129246 Court No. - 34 Case :- WRIT - C No. - 4087 of 2025 Petitioner :- Lalluram And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashwani Kumar Mishra Counsel for Respondent :- C.S.C.,Deepak Gaur Hon'ble Rohit Ranjan Agarwal,J.
1. Petitioners before this Court claim that they were granted the lease on 2.8.2008 after a valid resolution was passed by the Land Management Committee, which was approved by the Sub Divisional Officer. A notice under Section 198 (4) of U.P.Z.A. & L.R. Act, 1950 was issued on 25.8.2014 after lapse of six years for cancelling the said allotment. Objection was filed by petitioners and proceeding under Section 198 (4) of the Act of 1950 was dropped. The State had filed a revision, which has been partly allowed and matter has been remitted to decide afresh.
2. Learned counsel for petitioners submits that proceeding under Section 198 (4) of the Act of 1950 is barred by the provision of 198 (6) of the Act of 1950 as cancellation proceeding has been initiated after five years.
3. Learned Standing Counsel could not dispute the legal proposition.
4. I have heard the respective counsel and perused the material on record.
5. It is an admitted fact that land in dispute was allotted to the petitioners in the year 2008 and cancellation proceeding has been initiated in the year 2014 after lapse of six years. The proceeding in question is barred in view of the provision of Section 198 (6) of the Act of 1950.
6. In view of the said fact, the order impugned dated 20.12.2024 passed by the respondent no. 2 in Case No. 52 of 2017 (Computerized Case No. C-2017060052) is unsustainable in the eyes of law and same is quashed.
7. Writ petition stands allowed. Order Date :- 1.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad