Allahabad High Court Quashes Orders in Land Auction Dispute, Citing Violation of Natural Justice

Court Remands Case for Fresh Hearing, Emphasizes Right to Notice and Hearing in Revenue Record Alterations

The Allahabad High Court, in a landmark decision dated October 8, 2025, has quashed orders from 1996 and 2003 regarding the cancellation of an auction sale and substitution of entries in revenue records. The court, presided over by Justice Irshad Ali, emphasized the violation of principles of natural justice, stressing that affected parties must be given notice and an opportunity to be heard before any adverse order is passed.

The case, Hanif Khan and others vs. Additional Commissioner Lucknow, revolved around the auction of land in Lakhimpur Kheri district. The auction, conducted in 1961, saw the petitioners declared as auction purchasers, with the sale confirmed in 1963. However, due to natural events, the land's possession was delayed, and it was not until 1995 that the sale certificate was issued. Subsequent challenges arose when the auction proceedings' files were reportedly untraceable, leading to a series of cancellations without notifying the petitioners.

The court noted that the cancellations were made without proper jurisdiction or adherence to procedural norms, as only the Commissioner holds the authority to cancel auction sales under Rule 285-A of the U.P. Zamindari Abolition and Land Reforms Rules, 1952. The trial court's orders were issued based on presumptions and without evidence, further violating natural justice principles.

Justice Ali criticized the lack of inquiry and absence of notice to the petitioners, underscoring that no adverse order should be passed without hearing the concerned parties. The court has now remanded the matter back to the trial court, instructing it to pass a fresh order after properly reviewing the auction records and ensuring due process is followed.

This judgment reinforces the judiciary's role in upholding natural justice, reminding authorities of the necessity to provide fair hearing rights in administrative and judicial matters affecting individuals' rights.

Bottom Line:

Violation of Principles of Natural Justice - Orders passed without notice and opportunity of hearing are liable to be set aside - Auction sale cancellations and substitutions in revenue records require a hearing for affected parties.

Statutory provision(s): Land Revenue Act, 1901 Section 219, U.P. Zamindari Abolition and Land Reforms Rules, 1952 Rule 285-A

Hanif Khan v. Additional Commissioner Lucknow, (Allahabad)(Lucknow) : Law Finder Doc Id # 2793398