This writ petition challenged the cancellation of a lease granted under Section 198 of the U.P. Z.A. & L.R. Act 1950 after it ceased to exist beyond five years. The court held that an opportunity of hearing was unnecessary and dismissed the petition.
Writ petition dismissed.
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Court No. - 6 Case :- WRIT - C No. - 40174 of 2007 Petitioner :- Shri S/O Late Chhattar Respondent :- State Of U.P. Thru Secretary Revenue And Others
Counsel for Petitioner :- Maqsood Ahamad,Dinesh Kumar,Parvez Alam
Counsel for Respondent :- C.S.C.,V.K.Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition impugns the order dated 28 June 2006 pursuant to which a lease which was purported to have been granted in favour of the petitioner under the provisions of Section 198 of the U.P. Z.A. & L.R. Act 1950 has come to be cancelled. The sole ground which the respondents have taken into account is that the lease could not be viewed as having continued after expiry of five years in light of the mandatory provisions as introduced in Rule 176A.
The order is assailed on the ground that the same came to be passed without affording any opportunity of hearing to the petitioner. However the fact that the lease had continued beyond the maximum period provided in the statute is not disputed. In that view of the matter, the Court is of the considered opinion that the grant of an opportunity of hearing would have been an empty formality.
Consequently the writ petition fails and shall stand dismissed . This order however shall not preclude the petitioner from otherwise applying for allotment in accordance with the procedure stipulated in the Act as and when such an exercise is initiated by the respondents.
Order Date :- 13.11.2019 faraz
1 issue framed by the court
Whether the petitioner was entitled to an opportunity of hearing when cancelling a lease that had expired beyond statutory limits was a formal empty formality.
2 provisions across 2 enactments
Shri S/O Late Chhattar
State Of U.P. Thru Secretary Revenue
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
