Neutral Citation No. - 2025:AHC:121951 Court No. - 34 Case :- WRIT - C No. - 15642 of 2025 Petitioner :- Manoj Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dileep Singh Yadav,Parvez Alam Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C.,Hari Narayan Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Petitioners before this Court claim that their predecessors interest were allotted land in question in the year 1969. Cancellation proceedings were initiated by one Sanjay Singh and others in the year 2011 by filing an application under Section 198(4) of U.P.Z.A. & L.R. Act. 2. The Collector, Mainpuri by order dated 27.02.2015 had held in proceedings under Section 198(4) that the lease cannot be cancelled, but proceedings under Section 33/39 of the U.P. Land Revenue Act, 1901 be initiated and the name of the petitioners be expunged from the revenue records. 3. Aggrieved by the said order, petitioners had filed a revision which has been rejected by the order impugned dated 03.10.2024. 4. Learned counsel for the petitioners submits that the period of limitation for initiating the proceedings under Section 198(4) has been mentioned in Section 198(6) which is seven years. According to him, it was after 42 years that cancellation proceedings were initiated for cancelling the lease, which was granted in favour of their predecessors. He further contends that in proceedings under Section 198(4), the Collector should not order for initiating proceedings under Section 33/39 of U.P. Land Revenue Act, 1901. 5. Learned Standing Counsel has vehemently opposed the writ petition. 6. I have heard respective counsel for the parties and perused the material on record. 7. From perusal of order passed by the Collector, Mainpuri, it appears that in the proceedings initiated under Section 198(4), Collector has not taken any decision by rejecting or allowing the said application, instead he had directed for initiating proceedings under Section 33/39 of U.P. Land Revenue Act, 1901 for expunging the name of petitioners from the revenue records and recording the name of Gaon Sabha. 8. This type of order cannot be passed by Collector while exercising power under Section 198(4). The Collector, Mainpuri has exceeded the jurisdiction by ordering for expunging the name of petitioners without assigning any reason, and cancelling the lease granted in favour of the predecessor interest of the petitioners. 9. Revisional Court had miserably failed to exercise jurisdiction which is vested in it by rectifying the mistake of the Collector, Mainpuri. Both the orders are totally against the provisions of law under Section 198(4) of U.P.Z.A. & L.R. Act as well as Section 33/39 of U.P. Land Revenue Act, 1901. Both the orders are hereby set aside. 10. Writ petition succeeds and is hereby allowed. Order Date :- 24.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad