Ram Uggar and Others vs Additional Commissioner (Administration Second) Devi Patan Mandal, Gonda and Others

Court No. - 8

Case :- WRIT - C No. - 1858 of 2025

Petitioner :- Ram Uggar And Others Respondent :- Additional Commissioner (Administration Second) Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Vivek Kumar Srivastava,Sarojani Misra Counsel for Respondent :- C.S.C.,Pankaj Gupta

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 and 2 has been accepted by the office of the learned Chief Standing Counsel. Sri Pankaj Gupta, learned counsel has accepted notice on behalf of respondent nos. 3 and 4.

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Under challenge is the order dated 07.11.2023 whereby in proceedings initiated under Section 122-B (6) of The Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 and an order has been passed by the District Collector, Gonda cancelling the lease granted in favour of the predecessors-ininterest of the petitioner dated 16.05.1981.

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The submission of learned counsel for the petitioner is that the proceedings initiated under Section 122-B (6) of The Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 seeking cancellation of the lease dated 16.05.1981 which was granted in favour of Ram Surat, the predecessors-in-interest of the present petitioners.

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It is further submitted that the petitioners have filed their objections dated 12.10.2023 inter-alia raising the issue of mutation indicating that the lease could not be cancelled after a period of 42 years.

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It is further submitted that another objection was raised that the petitioner has got his construction for the lease land and such the ground upon which the cancellation order is based is per se bad.

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It has also been pointed out that the report dated 25.11.2022 of the Lekhpal concerned also indicates that the petitioner has his construction (Chappar) over 0.004 hectares of land, however, it is not indicated that there are no permanent constructions.

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It is submitted that even though the petitioner has his Chappar

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which partakes the nature of the construction, even though not permanent but nevertheless, he has been in possession since the time of his father over more than four decades, consequently, the proceedings which has been decided in a summary manner requires interference.

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The learned Standing Counsel as well as the learned counsel for the Gaon Sabha submits that in so far as the lease to the other private respondents are concerned, they never came forward to challenge the same and in this view of the matter, the instant dispute is emerged between the petitioners and the private respondents.

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Having considered the aforesaid submissions and from the perusal of the material available on record, this Court finds that as per the report of the Lekhpal, construction of the petitioner has been noticed on 0.004 hectares.

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It is not disputed that the father of the petitioner sri Ram Surat was given the lease in the year 1981. Whether the said construction partakes the nature of a permanent construction or whether the requirement in terms of Section 122-B (6) of The Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 is in respect of only permanent construction and not Chappar be seen in light of the averments as well as the material available before the said Authority.

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Accordingly, let the State as well as the Gaon Sabha file their counter affidavit within a period of three weeks with an advance copy to the learned counsel for the petitioner, who if may so chose, may file his rejoinder affidavit within a period of ten days thereafter.

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Let the notice be issued to the private respondents.

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Steps shall be taken within a week from today, returnable at an early date.

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List this matter on 07th April, 2025.

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As an interim measure, it is provided that the possession of the petitioner over 0.004 hectares of land as indicated in the report of the Lekhpal concerned.

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Order Date :- 27.2.2025 Asheesh/-

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ram Uggar and Others v. Additional Commissioner (Administration Second) Devi Patan Mandal, Gonda and Others

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Ram Uggar and Others v. Additional Commissioner (Administration Second) Devi Patan Mandal, Gonda and Others

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