SHIV LAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THESE four petitions under Article 226 of the, Constitution are directed against the order dated 24th April, 1978, passed by the Board of Revenue in proceedings under Section 198 of the UP ZA & LR Act (hereinafter referred to as the Act) for the cancellation of the lease deed dt. 18th May, 1970. These four petitions involve similar questions of law and facts, hence it is convenient to dispose them of by a common judgment.

(2.) THE facts of the case in brief are that the Petitioners were granted lease by the Land Management Committee on 18th May, 1970. The said lease was mutated on 1st January, 1971. The Sub -Divisional Officer initiated proceedings for cancellation of the lease under Section 198(2) of the UP ZA and LR Act, (hereinafter referred to as the Act for the sake of brevity). A notice to this effect had been given to the Petitioner on 1st September 1973 that the lease granted in favour of the Petitioner was sought to be cancelled. The Petitioner opposed that notice and stated that the lease has legally been granted and Sub -Divisional Officer had no jurisdiction to initiate proceedings for cancellation of the lease, as the lease was granted on 18th May, 1970 and it is only the Collector who could initiate the proceedings for cancellation in view of the provisions of Section 198 of the Act as it was then applicable.

(3.) SRI S.D. Pathak appearing on behalf of the Petitioners has urged that in 1969 there was an amendment in Section 198 of the Act by U.P. Act No. IV of 1969, which came into force on 1st September, 1969. By this Amendment in Sub -section (2) thereof for the words, figures and brackets, "The Assistant Collector in Charge of the Sub -Division may, on his own motion, and shall on the application of any person aggrieved by an order of the Land Management Committee passed under Sub -section (1) enquire in the manner prescribed into an allotment made under Sub -section (1)", the words, figures and brackets, "The Collector may of his own motion and shall on the application of any person aggrieved by an allotment referred to in Sub -section (1), enquire in the manner prescribed into such allotment", were substituted. Similarly, in Sub -section (3) for the words, "An Assistant Collector in charge of the Sub -Division", the wards "the Collector" were substituted.