ASPAT RAM Vs. STATE OF U P

JUDGEMENT

(1.) N. S. Ravi, J. This revision has been filed against interim order passed by Additional Collector Lalitpur on 20-6-2003 in a proceeding of patta cancellation under Section 198 (4) of the U. P. Z. A. and L. R. Act.

(2.) IT appears from the papers that on the basis of tehsil report action for cancellation of patta was initiated on 10-10-2002 by Collector Lalitpur and the case was transferred to the Courts of Additional Collector Lalitpur for disposal of the case. The revisionist filed his preliminary objection before the Additional Collector on 26-5-2003 raising the question of limitation that the action was highly time barred as the patta was sanctioned on 14-3-80 so the action for cancellation of patta could be initiated within five years. The learned Additional Collector holding that no time limitation for suo-moto action for cancellation of patta is laid down in the law, cancelled his objection and fixed the case for hearing for 5-7-2003.

(3.) AS a result, the revision is allowed and interim order passed by Additional Collector dated 20-6-2003 is set aside. The proceedings for cancellation of patta initiated at the level of Collector are transferred to the Court of ASsistant Collector First Class Incharge of the sub-division concerned, who will decide the case in accordance with law. Revision allowed. .