NDLI: Smt. Shyamo Devi and Others Vs. State of U.p. Through Secretary and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Cancellation of allotment of land
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for Consideration Subject land was designated as a Panchayat Ghar however, later it was re-assigned for residential use and allotments were made to allottees including appellants (writ petitioners in High Court) u/s.122-C, Uttar Pradesh Zamindari Abolition and Land Reforms Act. Proceedings for cancellation of the allotments were initiated based on the report of the Lekhpal which was undisputedly after 13 years from the date of allotment. Since, there is no limitation fixed for initiation of the proceedings under the aforesaid Act, whether such initiation of the proceedings can be at any length of time or at any point of time where no limitation is prescribed. Whether any fraud was committed by the writ petitioners or was attributed to them under the show cause notices.Headnotes Uttar Pradesh Zamindari Abolition and Land Reforms Act – s.122-C(6) – Cancellation of allotment of land, no limitation fixed for initiation of the proceedings – Exercise of suo moto power by Collector, if can be at any time or such power is to be exercised within a reasonable time and if so, within what time:Held: This Court had an occasion to consider similar issue namely the exercise of suo moto power u/sub-section (4) of s.50-B of Andhra Pradesh (Telangana Area) Tenancy and Agriculture Lands Act, 1950 in Ibrahim patnam Taluk Vyavasaya Coolie Sangham v. K. Suresh Reddy [2003] Supp. 2 SCR 698, wherein it was held that suo moto power should be exercised within a reasonable period even in case of fraud and within a reasonable time from the date of discovery of fraud and it depends on facts and circumstances of each case – Further, in sub-section (4) of s.50-B, AP Act, the expression “the collector may, suo moto at any time;” is occurring while such expression is conspicuously absent in sub-section (6) of s.122-(C) of UPZALR Act – Furthermore, the report or the communication of the Lekhpal forwarded to the Tehsildar does not even suggest or indicate any fraud having occurred or alleged against writ petitioners – However, the Tehsildar in the report submitted to the District Magistrate, on the basis of certain presumed irregularities concluded that allotment was irregular and approval of allotment was on the basis of forged signature of Sub-District Magistrate – Although, the basis of such conclusion namely signature of the Sub-District Magistrate having been forged was not specified – No allegation of whatsoever nature was attributed to the allottees of they having forged the signature/s – In the facts and circumstances of the present case, no fraud was attributed to the writ petitioners in show cause notices – Impugned order of the High Court; the order passed by the Additional Collector which held that proceedings for cancellation could be started at any time as well as the order passed by the Additional Commissioner, (Administration) Moradabad Division are unsustainable and set aside. [Paras 13, 15-17, 19]
Judge	Hon'ble Mr. Justice Aravind Kumar
Neutral Citation	2024 INSC 430
Petitioner	Smt. Shyamo Devi And Others
Respondent	State Of U.p. Through Secretary And Others
SCR	[2024] 6 S.C.R. 287
Judgement Date	2024-05-16
Case Number	5539

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