...learned Additional Collector holding that no time limitation for suo-moto action for cancellation of patta is laid down in the law, cancelled his objection and fixed the case for hearing for 5-7-2003. 3. By...cancellation of patta to Assistant Collector First Class, Incharge of the sub-division and by the same Act a sub-section (4)(a) has been introduced thereby giving the powers of.... 4. Thus with effect from 20-7-2002 the powers for cancellation of patta have been vested in the Assistant Collector First Class Incharge of the sub-division and not in the Collectors. Therefore t...

...Section 12 must be read to empower the Revenue Divisional Officer to entertain an Appeal challenging the grant of Patta in favour of a person or persons and consequently seek for cancellation of the...Divisional Officer would be competent to go into the disputed question of title while considering the Application for cancellation of patta. In fact, the law on this is not res integra. As early as in the.... Murugesan, J.) in Chockkappan's case has held that the Revenue Divisional Officer has no jurisdiction to go into the disputed questions of title at the time when an Application for cancellation of Patta...

...subject matter of Annexure P-1 submits that respondent no. 2 by issuance of said notice is usurping the powers which are otherwise vested upon the revenue authorities so far as grant of Patta..., cancellation of Patta or for that matter subject relating to illegal encroachment etc. which otherwise is beyond competency and jurisdiction of respondent no. 2 Commission. 3. Opposing the...P. Sam Koshy, J.:— Aggrieved by issuance of Annexure P-1 the present writ petition has been filed. 2. Learned counsel for the petitioner referring to the contents of the...

...a ground to take up the revision suo motu. In these circumstances, it is very hard to believe that the first respondent has applied his mind before initiating the proceedings for cancellation of patta.8. A Di..., improper and arbitrary.2. The preliminary question to which this writ petition gives rise to is, whether the Director of Settlement while exercising powers U/s. 5(2...Settlement Officer.3. The brief facts involved in this writ petition are:4. The Settlement Officer by an order dated 7-2-1983 granted a patta to the petitioner in respect of the...

...Commissioner had jurisdiction to exercise the powers under Section 27 (4) for cancellation of the patta dated 28.07.1967, after 7 years of limitation as provided under Section 27 (6) (a) of the Act? and...reply on 23.12.2009. It has been stated by the petitioners that the applicants had no locus standi to file any application for cancellation of the patta. The application filed by State of U.P. for...Virender Singh Vs. State of U.P. and others, 1994 RD 540, relying upon this Full Bench judgment of this Court held that for exercising suo moto powers for cancellation of...

...initiated the inquiry for cancellation of patta in question and cancelled the patta in question, which was not justified in law.12. Learned counsel also submitted that the ...patta and thereafter the respondent passed the impugned order of cancellation of the patta in question under Section 73-B of Rajasthan Municipalities Act, 2009 (hereinafter referred to as ‘Act of...with the Municipality, which issued the patta, rather the same lies with the government. Therefore, the patta issued by the respondent cannot be reviewed (notice/cancellation) by the same authority...

...father under Tamil Nadu Act 30 of 1963 and hence, the first respondent herein, being a revenue authority, does not have any powers to entertain an application for cancellation of the said settlement...respondent for cancellation of the said patta and transferring the patta in her name. 3. The petitioner had contended that the first respondent can only be an Appellate Authority...cancellation of the said patta. Hence, he prayed for dismissal of the writ petition. 6. I have carefully considered the submissions made on either side...

...petitioner for cancellation of patta dated 22.09.1959 issued in favour of one Gulab S/o Maga has been dismissed.2. The revisional court has dismissed the revision petition solely on the...referred to as the ‘revisional court’) while exercising powers under Section 97 of the Rajasthan Panchayati Raj Act, 1994, whereby the revision petition preferred by the...absence of availability of record of Gram Panchayat Birami, the validity of patta in question cannot be examined.3. After hearing learned counsel for the petitioner, this Court is of the...

...for condonation of delay along with affidavit filed in the revision which does not disclose the reason as to how the petitioner did not know about the cancellation of patta over the land in question for such a long perio...has been dismissed on the ground of delay. As per the given facts in the writ petition the land in question was allotted by way of patta in favour of the father of petitioner. The said...patta was asami patta, the tenure of which was for five years. Vide order dated 30.7.2003 the asami patta was cancelled by Sub Divisional Officer, Mohanlalganj, Lucknow. It is alleged that the...

...exercise the power of cancellation, cannot be accepted for the reason that the power of resumption which is given to the Tahsildar will have to be exercised only after cancellation. If the Joint Collector exercisin...to do so.12. The said judgment, in my view, may not apply to the case on hand, as the cancellation of patta in the instant case was not on the ground of mistake of fact or owing to...breach of the conditions of grant, which would be after cancellation of patta.14. Further, Paragraph 15 of Board Standing Order 15 deals with appeals to be filed against the orders of...

...exercise the power of cancellation, cannot be accepted for the reason that the power of resumption which is given to the Tahsildar will have to be exercised only after cancellation. If the Joint Collector exercisin...do so.12. The said judgment, in my view, may not apply to the case on hand, as the cancellation of patta in the instant case was not on the ground of mistake of fact or owing to fraud...of the conditions of grant, which would be after cancellation of patta.14. Further, Paragraph 15 of Board Standing Order 15 deals with appeals to be filed against the orders of...

...by the respondent after considering all the aspects and considering the material on record, and now the respondent initiated the inquiry for cancellation of patta in question and cancelled the patta in question, wh...petitioners seeking production of the original patta and thereafter the respondent passed the impugned order of cancellation of the patta in question under Section 73-B of Rajasthan Municipalities Act...government. Therefore, the patta issued by the respondent cannot be reviewed (notice/cancellation) by the same authority respondent. 4.2. Learned counsel also submitted that...

...by the respondent after considering all the aspects and considering the material on record, and now the respondent initiated the inquiry for cancellation of patta in question and cancelled the patta in question, wh...petitioners seeking production of the original patta and thereafter the respondent passed the impugned order of cancellation of the patta in question under Section 73-B of Rajasthan Municipalities Act...government. Therefore, the patta issued by the respondent cannot be reviewed (notice/cancellation) by the same authority respondent. 4.2. Learned counsel also submitted that...

...by the respondent after considering all the aspects and considering the material on record, and now the respondent initiated the inquiry for cancellation of patta in question and cancelled the patta in question, wh...petitioners seeking production of the original patta and thereafter the respondent passed the impugned order of cancellation of the patta in question under Section 73-B of Rajasthan Municipalities Act...government. Therefore, the patta issued by the respondent cannot be reviewed (notice/cancellation) by the same authority respondent. 4.2. Learned counsel also submitted that...

...by the respondent after considering all the aspects and considering the material on record, and now the respondent initiated the inquiry for cancellation of patta in question and cancelled the patta in question, wh...petitioners seeking production of the original patta and thereafter the respondent passed the impugned order of cancellation of the patta in question under Section 73-B of Rajasthan Municipalities Act...government. Therefore, the patta issued by the respondent cannot be reviewed (notice/cancellation) by the same authority respondent. 4.2. Learned counsel also submitted that...

...application submitted by third respondent seeking for cancellation of Patta and if at all third respondent seeks for the modification of entries made in Patta passbook, the same can be done only by submitt...seeking for cancellation of Patta granted in favour of the father of the petitioner with respect to the subject property. 2. The main ground that has been raised by the...Divisional Officer has not been vested with powers of original jurisdiction to modify the entries made in the Patta passbook. 5. In view of the above, the impugned notice...

...contest the case before the court below.6. I have considered the arguments of the counsel for the parties and examined the record.7. Initially in exercise of powers under Section 344 of the Act...Chandu Das, respondent-5, for cancellation of patta of the petitioner dated 02.01.1987 under Section 198(4) of U.P Zamindari Abolition & Land Reforms Act, 1950, hereinafter referred to as “the Act...filing the application for cancellation of patta could not have been condoned. After hearing both the parties, the order dated 17.2.2012 was set aside and the case was remanded to the court below for...

...approached the Respondents 1 & 2 and sought for cancellation of Patta as well as mutation of the records. The Second Respondent rightly refused to effect any mutation on the ground that the Civil...cancellation of Patta is concerned, Section 10 contemplates only modification of entries in the Patta Pass Book Act under three circumstances as referred supra. In my considered view cancellation of Patta...seeking for cancellation of Patta standing in the name of the Petitioner and consequently, seeking for grant of Patta in their name. In any event, the Petitioner herein has already filed a Suit in O.S...

...filed.Petitioners claim to be rustic and poor agriculturists, who were granted Patta by the Government for the land in question. However, as action was taken exercising the powers of suo motu revision for can...of the petitioners; the fact of their living in a remote village; and, the fact that the matter pertains to cancellation of Patta granted to them.Taking note of the totality of the...Patta of the...

...after taking the evidence of the parties.5. I have considered the arguments of the counsel for the parties and examined the record. Initially in exercise of powers under Section 344 of the Act, U.P Zamindari ...patta in favour of the petitioner was granted in the year 1991-92. The application for cancellation of the patta was filed on 23.11.2009 In the present case, limitation of five years, as provided u/s...cancellation of patta as provided u/s 198(4) of the Act is the proceeding under the Act, therefore, the entire Limitation Act is applicable and if the delay in filing the application for cancellation of the...