- (1.) The petitioner was granted lease of land, which is part of plot Nos. 114 and 465, in village Pardaha, Pargana Mohmmadabad Tehsil Sadar District Mau on the basis of a resolution passed by the Land Management Committee on 30.12.1982 which was approved by Sub Divisional Magistrate/Parganadhikari on 18.2.1983. On 17.7.1991 an application for cancellation of this lease was filed by respondent Nos. 4 to 10 on the ground that land in question is a public utility land as such the same could not have been allotted to the petitioner. The Chief Revenue Officer, after hearing the parties, set aside the lease on 19.7.2000. Against this order, the petitioner preferred revision before the respondent No. 1 which was also dismissed. I have heard Learned Counsel for the parties and perused the record. The contention of the petitioner is that the Collector cannot proceed under Sections 198(4) and (6) as there is clear stipulation in the statute that no proceedings seeking to cancel the allotment order can be initiated beyond the period of five years from the date of allotment. No exception is provided in this behalf by the statute.
(2.) The argument of the Learned Counsel for the respondents is that since the land in question is public utility land, therefore, the period of limitation prescribed will not operate against such allotment.
(3.) The power to initiate proceedings for cancellation of the land is provided under Section 198(4) of the Act. As per this Section, the Collector on his own motion or on an application of any person aggrieved by an allotment of land, may cancel the said allotment if he is satisfied that the same is irregular. Sub-section (5) of Section 198 provides that no order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show-cause is served on the person in whose favour the allotment or lease was made or on his legal representatives. Clause (b) of Section 198 (6) provides that every notice to show-cause mentioned in sub-section (5) may be issued in the case of an allotment of land made on or after November 10, 1980, before the expiry of a period of five years from the date of such allotment or lease or up to November 10, 1987, which ever be later. Thus, it nowhere emerges from sub-section (6) of Section 198 that any exception is provided in respect of allotments which have been made in violation of the statute. The very nature of the power exercised by the Collector under Section 198(4) is to seek cancellation of those allotment which have either been obtained irregularly or illegality. No proceeding can be initiated beyond the period of limitation as provided under the statute irrespective of the fact whether the said allotment is irregular or illegal. In view of above, no proceedings could have been initiated by the Collector against the petitioner in the present case, Accordingly, the impugned order passed by the Collector is set aside. The writ petition is allowed.;