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1987 DIGILAW 294 (ALL)

Kunjan Singh v. State of Uttar Pradesh

1987-03-10

P.SINGH

body1987
JUDGMENT P. Singh, Member - This revision has been filed against the judgment and order dated 3-11-83 passed by Smt. Kuldeep Ranjeet Singh, Additional Commissioner jhansi Division, Jhansi in Revision no. 59/100 of 1980-81. 2. The facts of the case, in brief, are that on the report of Tahsildar, suo moto proceedings were initiated against Kunjan Singh for cancellation of lease granted to him in the year 1363 Fasli for an area of 1-50 acres. A show cause notice was issued and by order dated 20-3-81 the lease was cancelled by the Collector, Lalitpur, Sri Bankey Lal. Against that order, a revision was preferred before the learned Additional Commissioner, who dismissed the revision. The instant revision has been filed against that order of the learned Additional Commissioner. 3. I have heard the learned counsel for the revisionist and the learned D.G.C. (R) and have perused the record. 4. The learned counsel for the revisionist points out that under Section 198 (4) of U.P. Act I of 1951, it is the Collector who has the power to issue a show-cause notice and proceed with the enquiry into an allotment made by the Land Management Committee. 5. Section 198 (4) and the related provisions of the said section read as under:- "198 (4). The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land, inquired in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any. (5) No order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show cause is served on the person in whose favour the allotment or lease was made or on his legal representatives : Provided that no such notice shall be necessary in proceedings for the cancellation of any allotment or lease where such proceedings were pending before the Collector or any other court or authority on August 18, 1980. (6) Every notice to show cause mentioned in sub-section (5) may be issued- (a) in the case of an allotment of land made before November 10, 1980 (hereinafter referred to as the said date), before the expiry of a period of two years from the said date; and (b) in the case of an allotment of land made on or after the said date before the expiry of a period of five years from the date of such allotment or lease." 6. From this, it is evident that a show cause notice has to be issued by the Collector and not by any other authority and, in the instant case, the Ahalmad to the Court of Collector who had no authority to issue show cause notice has issued the notice. Consequently, the proceedings taken by the learned Collector have become void ab initio. Hence, the orders passed by both the courts below are liable to he set aside. 7. Accordingly, the revision is allowed, the orders passed by the learned Collector, Lalitpur and the learned Additional Commissioner, Jhansi Division, Jhansi, are hereby set aside, and the matter is sent back to the Collector for proceeding with the matter after issuance of show cause notices under his signatures.