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 Ibrahimpatnam 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]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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