SHANKER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel for the petitioner. The present writ petition is directed against the order dated 28.1.2010 passed by the Board of Revenue, U.P at Allahabad in Revision No. 48 of 2008-2009 which was directed against the order dated 5.2.2009 passed by the Additional Collector Administration , Azamgarh in a proceeding under Sec. 198 of U.P.Z.A & L.R Act. By means of these orders, the patta in respect of fishery rights granted in favour of the petitioner has been cancelled.

(2.) The learned counsel for the petitioner submits that the proceeding could not have been initiated under Sec. 198 of U.P.Z.A. & L.R Act and the finding recorded by the authorities below that procedure as prescribed under Rule 173 was not followed, is not applicable to the facts of the case. Elaborating the argument he submits that the provision of Sec. 198 are applicable only in respect of grant of lease of land. In other words it applies to the persons for the admission to land. Since the fishery rights were granted to the petitioner, the said provision has no application.

(3.) In reply, Sri Ramesh Chandra, learned standing counsel and Sri A.P. Singh, learned counsel appearing on behalf of the respondent no.4, submit that even if Sec. 198 of the said Act is not applicable, the power to cancel a lease, which has been granted contrary to the provisions of the government order, can be exercised by Collector and against the order of the Collector, a revision lies as has been held by Full Bench decision of this Court in the case of Ram Kumar and others Vs. State of U.P. and others, 2005 (99) RD 823. Elaborating the argument, the learned counsel further submits that mentioning of a wrong Sec. in the order will not make the order illegal, null or void if the power is traceable to the authority concerned.