RAM KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed by the petit ioner challenging the orders dated 10-7-1998 passed by the Ad ditional Collector, Mirzapur and 31-3-1998 passed by the Additional Commis sioner, Mirzapur Division, Mirzapur con tained in Annexures 13 and 11 respectively to the writ petition cancelling the lease granted to the petitioner under Imposi tion 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 Commis sioner. Admittedly in this case Commis sioner has not cancelled the lease, as such the impugned order cannot be sustained in the eyes of law. 3. The orders dated 10-7-1998 and 31-3-1998 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 accord-i ngly. Petition allowed. .