High Courts

Ram Kishore and Others vs State of U.P.and Others

Allahabad High Court · Decided on 17 August 2000 · Citation: (2000) 08 AHC CK 0072

HON’BLE JUDGES
P.C.Verma, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 — Section 27(4)
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 27160 of 1998
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Judgment

4 paragraphs · 157 words

P.C. Verma, J.—This writ petition has been filed by the petitioner challenging the orders dated 1071998 passed by the Additional Collector, Mirzapur and 3131998 passed by the Additional Commissioner, Mirzapur Division, Mirzapur contained in Annexures J3 and 11 respectively to the writ petition cancelling the lease granted to the petitioner under Imposition of Ceiling on Land Holdings Act.

2.

Lease under the Imposition of Ceiling on Land Holdings Act is granted by the SDM of the land which is declared surplus under the Act and the power to cancel the lease lies with the Commissioner. Admittedly in this case Commissioner has not cancelled the lease, as such the impugned order cannot be sustained in the eyes of law.

3.

The orders dated 1071998 and 3131998 is hereby quashed. However if there is any illegality or irregularity against the petitioner, the appropriate authority may proceed in accordance with law.

4.

The writ petition is allowed accordingly. Petition allowed.