# Smt. Suhagwati and others v. State of U.P. and others

- **Citation:** (2008) 1 ILRA 332
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2008-02-21
- **Case number:** Civil Misc. Writ Petition No. 9645 of 2008
- **Bench:** Ashok Bhushan
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-suhagwati-and-others-v-state-of-u-p-and-others-41114
- **Pages:** 4

## Headnote

Act 1950, Section 198 (4) read with U.P
Consolidation
of
Holding
Act
1955,
Section 5 (2)-Cancellation of lease for
agricultural purpose-during pendency of
proceeding-notification u/s 4 (A) of
Consolidation of Holding Act whether
such
cancellation
proceeding
would
abate? Held-provision u/s 198 (4) an
special
provision-only
the
collector
empowered to consider the cancellation
not a proceeding for correction of
record-in view of full Bench case of
Similesh Kumar-can not be treated to be
proceeding
under
Consolidation
of
Holding Act.

Held: Para 8

The grant of lease under sections 195
and 197 of the U.P. Zamindari Abolition
and Land Reforms Act, 1950 is special
provision
provided
under
the
U.P.
Zamindari Abolition and Land Reforms
Act. 1950. Section 198 (4) also contains
a provision for cancellation of such lease
which power vests in the Collector by
virtue of section 198. The Collector can
cancel the lease, if he is satisfied that
allotment is irregular. Section 5 (2) of
the U.P. Consolidation of Holdings Act
contemplates abatement of proceedings
regarding the correction of records and
every suit and proceeding in respect of
declaration of rights or interest in any
land lying in the area, or for declaration
or adjudication of any other right in
regard to which proceedings can or
ought to be taken under the U.P.
Consolidation
of
Holdings
Act.
The
proceedings for cancellation of lease are
not the proceedings of correction of
records. They can also not be treated as
suit
or
proceeding
in
respect
of
declaration of rights or interest in any
land. The petitioners, who pray for
cancellation of lease, do not claim
declaration of their rights or interest in
the land nor the proceedings under
section 198 (4) can be treated to be
proceedings
taken
under
the
U.P.
Consolidation of Holdings Act.
Case law discussed:
1977 RD 408 (FB)

## Text

332 INDIAN LAW REPORTS ALLAHABAD SERIES [2008
court on 9.7.2007 in criminal misc. bail
application 14806 of 2007, therefore the
applicant may not be released on bail.

6.

Considering
the
facts,
circumstances of the case and submission
made by the learned counsel for the
applicant and the learned A.G.A. and the
learned counsel for the complainant, and
considering the active role of firing is
assigned to the applicant and without
expressing any opinion on the merits of
the case, the applicant is not entitled for
bail. Therefore, the prayer for bail is
refused.

7. Accordingly this application is
rejected.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 21.02.2008

BEFORE
THE HON'BLE ASHOK BHUSHAN, J.

Civil Misc. Writ Petition No. 9645 of 2008

(Smt.) Suhagwati and others

...Petitioners
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioners:
Sri Sanjeev Kumar Pandey

Counsel for the Respondents:
Sri V.K. Singh
S.C.

U.P. Zamindari Abolition & Land Reforms
Act 1950, Section 198 (4) read with U.P
Consolidation
of
Holding
Act
1955,
Section 5 (2)-Cancellation of lease for
agricultural purpose-during pendency of
proceeding-notification u/s 4 (A) of
Consolidation of Holding Act whether
such
cancellation
proceeding
would
abate? Held-provision u/s 198 (4) an
special
provision-only
the
collector
empowered to consider the cancellation
not a proceeding for correction of
record-in view of full Bench case of
Similesh Kumar-can not be treated to be
proceeding
under
Consolidation
of
Holding Act.

Held: Para 8

The grant of lease under sections 195
and 197 of the U.P. Zamindari Abolition
and Land Reforms Act, 1950 is special
provision
provided
under
the
U.P.
Zamindari Abolition and Land Reforms
Act. 1950. Section 198 (4) also contains
a provision for cancellation of such lease
which power vests in the Collector by
virtue of section 198. The Collector can
cancel the lease, if he is satisfied that
allotment is irregular. Section 5 (2) of
the U.P. Consolidation of Holdings Act
contemplates abatement of proceedings
regarding the correction of records and
every suit and proceeding in respect of
declaration of rights or interest in any
land lying in the area, or for declaration
or adjudication of any other right in
regard to which proceedings can or
ought to be taken under the U.P.
Consolidation
of
Holdings
Act.
The
proceedings for cancellation of lease are
not the proceedings of correction of
records. They can also not be treated as
suit
or
proceeding
in
respect
of
declaration of rights or interest in any
land. The petitioners, who pray for
cancellation of lease, do not claim
declaration of their rights or interest in
the land nor the proceedings under
section 198 (4) can be treated to be
proceedings
taken
under
the
U.P.
Consolidation of Holdings Act.
Case law discussed:
1977 RD 408 (FB)

(Delivered by Hon'ble Ashok Bhushan, J.)

1. Heard learned counsel for the
petitioners and learned standing counsel
representing the respondents No.1 and 2.
1 All] Smt. Suhagwati and others V. State of U.P. and others
333
2. By this writ petition, the
petitioners have prayed for quashing the
illegal allotment of agricultural land by
the Land Management Committee dated
3.11.2007.

3. Learned standing counsel submits
that remedy of the petitioners is to file an
application, seeking cancellation of the
lease under section 198 (4) of the U.P.
Zamindari Abolition and Land Reforms
Act, 1950. Learned Counsel for the
petitioners submits that village is under
consolidation hence, the remedy of
section 198 (4) cannot be invoked.

4. I have considered the submissions
of counsel for both the parties and
perused the record.

5. The question raised in the present
writ petition is as to whether, the
petitioners have remedy under section 198
(4) of the U.P. Zamindari Abolition and
Land
Reforms
Act,
1950,
seeking
cancellation of the lease or the said
remedy cannot be invoked in view of the
fact that notification under section 4 (2) of
the U.P. Consolidation of Holdings Act
has already been issued.

6. Section 198 (4) of the U.P.
Zamindari Abolition and Land Reforms
Act, 1950 provides for cancellation of
agricultural lease granted under sections
195 and 197. Section 198 (4) of the is to
the following effect:

"198 (4) The Collector may of his
own motion and shall on the application
of any person aggrieved by an allotment
of land inquire in the manner prescribed
into such allotment and if he is satisfied
that the allotment is irregular, he may
cancel the allotment and the lease, if
any."

7. The effect of notification under
section 4 (2) is provided under section 5
(2) of the of the U.P. Consolidation of
Holdings Act which is as follows:

"5(2) Upon the said publication of
the notification under sub-section (2) of
Section
4
the
following
further
consequences shall ensure in the area to
which the notification relates, namely-

(a)
every
proceeding
for
the
correction of records and every suit and
proceeding in respect of declaration of
rights or interest in any land lying in the
area, or for declaration or adjudication of
any other right in regard to which
proceedings can or ought to be taken
under this Act, pending before any court
or authority whether of the first instance
or of appeal, reference or revision, shall,
on an order being passed in that behalf by
the court or authority before whom such
suit or proceeding is pending stand
abated:

Provided that no such order shall be
passed without giving to the parties notice
by post or in any other manner and after
giving them an opportunity of being
heard:

Provided further that on the issue of
a notification under sub-section (1) of
Section 6 in respect of the said area or
part thereof, every such order in relation
to the land lying in such area or part, as
the case may be, shall stand vacated;

(b) such abatement shall be without
prejudice to the rights of the person$
affected to agitate the right or interest in
334 INDIAN LAW REPORTS ALLAHABAD SERIES [2008
dispute in the said suits or proceedings
before the appropriate consolidation
authorities under and in accordance with
the provisions of this Act and the rules
made thereunder."

8. The grant of lease under sections
195 and 197 of the U.P. Zamindari
Abolition and Land Reforms Act, 1950 is
special provision provided under the U.P.
Zamindari Abolition and Land Reforms
Act. 1950. Section 198 (4) also contains a
provision for cancellation of such lease
which power vests in the Collector by
virtue of section 198. The Collector can
cancel the lease, if he is satisfied that
allotment is irregular. Section 5 (2) of the
U.P. Consolidation of Holdings Act
contemplates abatement of proceedings
regarding the correction of records and
every suit and proceeding in respect of
declaration of rights or interest in any
land lying in the area, or for declaration or
adjudication of any other right in regard
to which proceedings can or ought to be
taken under the U.P. Consolidation of
Holdings Act. The proceedings for
cancellation
of
lease
are
not
the
proceedings of correction of records.
They can also not be treated as suit or
proceeding in respect of declaration of
rights or interest in any land. The
petitioners, who pray for cancellation of
lease, do not claim declaration of their
rights or interest in the land nor the
proceedings under section 198 (4) can be
treated to be proceedings taken under the
U.P. Consolidation of Holdings Act.

9. The Full Bench of this Court in
the case of Similesh Kumar Vs. Gaon
Sabha
Uskar
Ghazipur
&
others,
reported in 1977 RD 408, held that
consolidation
authorities
have
no
jurisdiction to adjudicate upon validity of
lease during currency of the notification
under
section
4(2)
of
the
U.P.
Consolidation of Holdings Act. It is
useful to quote following observations of
the Full Bench in this context:

"The
position,
however,
in
a
proceeding under section 198 of the Act is
altogether different. The Collector is not
to adjudge the validity or legality of an
allotment on the basis of possession, but
on the finding whether such an allotment
had taken place in accordance with the
provisions of the Act and the Rules. As a
matter of fact, the question of possession
is foreign to the controversy involved
under section 198 of the Act. In these
proceedings, all that one can show is to
justify the allotment. Accordingly, the
proceedings under section 198 of the Act
cannot be kept at par with these summary
proceedings, a reference of which has
been made above. Simply because at one
time there was a provision of a suit under
sub-section (4) of Section 198, to our
mind, it does not materially effect the
position. It, therefore, appears to us that
the remedy provided by Section 198 is
exhaustive and exclusive, and that the
question relating to the validity of a lease
cannot be gone into by the consolidation
authorities."

10. Following the law laid down by
the Full Bench, it is held that proceedings
under section 198 (4) U.P. Zamindari
Abolition and Land Reforms Act, 1950
shall neither abate nor there is any
inhibition in initiating the proceedings
during currency of the notification under
section 4 (2). Thus, the remedy of the
petitioners is very much there under
section 198 (4) of the U.P. Zamindari
Abolition and Land Reforms Act, 1950.
In view of the above, the reliefs claimed
1 All] Dayanath Pandey V. State of U.P. and others
335
in the present writ petition cannot be
granted to the petitioners. The petitioners
may avail their remedy under section 198
(4).

11. The writ petition is dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 18.02.2008

BEFORE
THE HON'BLE V.M. SAHAI, J.
THE HON'BLE R.N. MISRA, J.

Civil Misc. Writ Petition No. 53210 of 2007

Dayanath Pandey

...Petitioner
Versus
State of U.P and others ...Respondents

Counsel for the Petitioner:
Sri Anand Kumar Srivastava

Counsel for the Respondents:
Sri H.R. Misra
Sri K.M. Misra
Sri Ghanshyam Joshi
Sri T. Verma
S.C.

Securitisation
of
Financial
Assets
&
Enforcement of Security Interest Act,
2002 Section 13 (4)-Auction sale of
house made on 12.10.07-confirmed on
next date-prior to clear expiry of 30
days-period of 30 or 60 days to be
counted excluding the date of issuance
of notice-held-entire sale proceeding
illegal-quashed.

Held: Para 4

Thus, the period of thirty or sixty days
was to be counted excluding the date of
issuance of notice. Admittedly, the sale
certificate was issued on 26.10.2007 and
sale deed was executed on 5.11.2007 in
favour of the respondent no.3, in spite of
order dated 30.10.2007. The entire safe
proceedings
were
illegal.
This
was
prima-facie disobedience of order of the
Court.

(Delivered by Hon'ble V.M. Sahai, J.)

1. We have heard Sri Anand Kumar
Srivastava,
learned
counsel
for
the
petitioner, learned Standing Counsel for
respondent no.1, Sri H.R. Misra, learned
Senior Counsel assisted by Sri K.M.
Misra for respondent no.2 and Sri
Ghanshyam Joshi for respondent no3.

2. By way of this writ petition, the
petitioner
has
challenged
recovery
proceedings initiated against him by the
respondent no.2. He has sought relief for
quashing the entire recovery proceedings
and to direct the respondent no.2
Allahabad Bank to accept payment
desired to be made by him.

3. It appears from the record that the
petitioner applied to respondent no.2 for
loan amounting to Rs. 5 lacs only for
construction of house. The loan was
sanctioned and amount of Rs.4,39,971/
was paid to the petitioner, which was to
be refunded in 180 monthly instalment.
The petitioner paid some amount from
time to time but he could not regularly
pay the instalments due to personal
difficulties. The respondent no.2 started
recovery proceedings and put his house to
auction. It has also been alleged in the
writ petition that the petitioner is ready to
deposit the entire amount due. The
respondent no.2 has also taken similar
plea that the petitioner did not repay the
loan and committed default, therefore,
recovery proceedings were initiated under
Securitisation
and
Reconstruction
of
Financial Assets and Enforcement of