SAHAB SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA & LR Act (hereinafter referred to as the Act) preferred against the judgment and order, dated 23-6-2003, passed by the learned Collector, Lalitpur in case No. 249 of 2001-2002 State v. Sahab Singh, under Section 198(4) of the Act, cancelling the lease in question granted in favour of the revisionist, Sahab Singh and ordering the land in dispute to vest in the Gaon Sabha concerned.

(2.) BRIEFLY stated, the facts, giving rise to the instant revision petition are that on the tehsil report, proceedings under Section 198(4) of the Act for cancellation of the lease, granted in favour of the revisionist, were initiated against him on the ground of irregular allotment. On notice, the revisionist Sahab Singh contested the proceedings, inter-alia pleading that since he was an eligible person for such allotment and the lease, in question, was validly granted to him, the notice issued to him is liable to be discharged. The learned trial Court, after completing the requisite formalities, cancelled the lease, in question, ordering the land in dispute to vest in the Gaon Sabha, concerned, vide its order, dated 23-6-2003 and therefore, it is against this order that the instant revision petition has been preferred by the revisionist, Sahab Singh before the Board.

(3.) I have closely and carefully considered the arguments, advanced before me by the learned counsel for the revisionist as well as the learned DGC (R) and have also scanned the record on file. As a matter of fact, the lease, in question, was granted to the revisionist in the year 1989, while the show cause notice was issued to him in the year 2002. Suo-moto action was ordered by the learned Collector, concerned on 13-8-2002. It is also true that before initiating suo-moto action, no notice was issued to the revisionist nor was he afforded any opportunity of being heard before the initiation of such an action. The learned collector, concerned has also not indicated any reason as to why he was satisfied to initiate such an action in view of the case-law, reported in 1986 RD 137 and therefore, such an action is not at all justified in the facts and circumstances of the instant case as well as the settled principle of law. As indicated above, the allotment, in question was made on 24-10-1989, while the show cause notice was issued to the revisionist on 13-8-2002, which was clearly barred by limitation, as per the provisions of Section 198(6)(b) of the Act and therefore, on both the counts, the proceedings in question itself are vitiated in law and as such, I, without commenting upon the merits of the case, am of the considered opinion that the impugned order can not, at any stretch of imagination, be allowed to sustain in law.