Petition filed after 32 years against patta allotment rejected; court emphasizes three-year limitation period under U.P. Revenue Code, 2016.
In a significant ruling, the Allahabad High Court has dismissed a writ petition filed by Shivdhari seeking cancellation of a patta allotment, citing the complaint as time-barred. The court upheld the orders of the Collector, Sultanpur, and the Additional Commissioner (Judicial), Ayodhya Division, which rejected the complaint on similar grounds.
The petitioner, Shivdhari, had moved the court challenging the allotment of housing lease made to the predecessor-in-interest of a private respondent, alleging non-compliance with the construction requirements within three years as mandated by the U.P. Revenue Code, 2016. However, the complaint was lodged 32 years after the initial allotment, far exceeding the three-year limitation period prescribed under Section 66(2) of the Code.
The court, presided over by Justice Alok Mathur, noted that the statutory provisions clearly outline a three-year limitation period for filing such complaints. The judgment emphasized that the Collector has the authority to cancel allotments on his own motion within a reasonable time but applications by aggrieved persons must adhere to the specified time frame.
Furthermore, the court observed that the provision allowing for cancellation due to non-construction within the stipulated period is directory, not mandatory, especially for disadvantaged groups such as Scheduled Castes and Scheduled Tribes. The legislation aims to be a beneficial piece of law, interpreted liberally to prevent hardship to these communities.
The petitioner's argument that the limitation period should not apply to cases of non-construction was not accepted by the court. It stressed the importance of adhering to the statutory timelines to maintain the integrity of the allotment process.
The court concluded that the petition lacked merit and upheld the decisions of the lower authorities, reiterating the necessity of filing complaints within the prescribed period to ensure timely redressal.
Bottom Line:
U.P. Revenue Code - Cancellation of allotment of patta sites - Complaint for cancellation of allotment filed after 32 years - Held, complaint barred by limitation as prescribed under Section 66(2) of U.P. Revenue Code, 2016, which mandates that no application for cancellation shall be entertained after 3 years from the date of allotment.
Statutory provision(s):
Uttar Pradesh Revenue Code, 2016, Sections 64, 66, Rule 64
Shivdhari v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2837917
