KAMLA Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA & LR Act (here in after referred to as the Act), preferred against the order dated 17-5-2000, passed by the learned Additional Collector, Lalitpur, in the proceedings for cancellation of the lease, granted in favour of the revisionist under Section 198 (4) of the Act.

(2.) BRIEF and relevant facts of the case, are that these proceedings for cancellation of the aforesaid lease were initiated upon the Tehsil report under Section 198 (4) of the Act on various grounds. The learned trial Court, after completing the requisile trial cancelled the aforesaid lease on 17-5-2000. Aggrieved by this order, this revision petition has been preferred.

(3.) I have closely and carefully ex­amined the contentions raised by the learned Counsel for the revisionist as well as the learned DGC (R) and the relevant records, on file. On a close examination of the record, it is amply clear that the show cause notice has been issued to the lease­holder (revisionist) under the signature of the then Additional Collector, Lalitpur. On 17-5-2000, the learned Additional Collector, Lalitpur has cancelled the aforesaid lease, while he had no authority in law to enquire into and to adjudicate upon the matter in question. As per the dictum of law, enunciated by the Hon'ble High Court of Allahabad, in a case law-reported in 1996 RD 190 (DB), the cancel­lation proceedings has been rendered void ab-initio and the aforesaid impugned order dated 17-5-2000 is totally void and without jurisdiction and as such, this order is liable to be set aside.