RAMKER CHAUHAN Vs. COMMISSIONER, AZAMGARH

JUDGEMENT

(1.) The petitioner was granted lease of land, which is part of plot Nos. 114 and 465, in village Pardaha, Pargana Mohmmadabad Tehsil Sadar District Mau on the basis of a resolution passed by the Land Management Committee on 30.12.1982 which was approved by Sub Divisional Magistrate/Parganadhikari on 18.2.1983.

(2.) The argument of the Learned Counsel for the respondents is that since the land in question is public utility land, therefore, the period of limitation prescribed will not operate against such allotment.

(3.) The power to initiate proceedings for cancellation of the land is provided under Section 198(4) of the Act. As per this Section, the Collector on his own motion or on an application of any person aggrieved by an allotment of land, may cancel the said allotment if he is satisfied that the same is irregular. Sub-section (5) of Section 198 provides that 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. Clause (b) of Section 198 (6) provides that every notice to show-cause mentioned in sub-section (5) may be issued in the case of an allotment of land made on or after November 10, 1980, before the expiry of a period of five years from the date of such allotment or lease or up to November 10, 1987, which ever be later. Thus, it nowhere emerges from sub-section (6) of Section 198 that any exception is provided in respect of allotments which have been made in violation of the statute. The very nature of the power exercised by the Collector under Section 198(4) is to seek cancellation of those allotment which have either been obtained irregularly or illegality. No proceeding can be initiated beyond the period of limitation as provided under the statute irrespective of the fact whether the said allotment is irregular or illegal.