Court No. - 6
Case :- WRIT - C No. - 40801 of 2019 Petitioner :- Arvind Kumar Yadav And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Abhay Krishna Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and learned Standing counsel for the State-respondents.
Challenge in the writ petition is to an order dated 05.01.2013, whereby the Sub Divisional Magistrate, respondent no.3 has granted/ approved, suo moto, a plantation lease.
On 18.12.2019, the following order had been passed-
"Vide order dated 11.12.2019 learned Standing Counsel had been ordered to obtain instructions.
Today when the matter is taken up, it is stated that no instructions have been received.
The issue in this case as to how plantation lease has been granted sue moto and that is why instructions have been called.
Learned Standing Counsel submits that the order dated 11.12.2019 had been communicated to respondent nos. 2 and 3 by FAX dispatched on 11.12.2019 as is clear from the FAX Transmission Report available on the back of the FAX.
Despite aforesaid, no instructions have been received, this Court under the circumstances and looking into the seriousness of the matter, directs the respondent nos. 2 and 3 to remain present in person on 20.12.2019 at 10:00 am when this petition shall be taken up in case instructions are not available with learned Standing Counsel.
Put up as fresh on 20.12.2019.
Let a copy of this order be supplied to learned Standing Counsel during the course of the day."
Today on the matter being called out, no provision could be pointed out by learned Standing counsel whereunder a plantation lease can be granted, suo moto. In the absence of any such provision, the lease which has been granted is patently illegal and wholly without jurisdiction.
However, the Government Order, which provides for grant of plantation leases also provides the procedure for cancellation of such lease, which application lies before and is liable to be considered by the Collector.
Under the circumstances, the writ petition is disposed of directing the petitioner to approach the Collector concerned, seeking cancellation of the suo moto, lease granted on 05.01.2013, along with a certified copy of this order.
The Collector on receipt of the application, shall issue notice to respondents and positively decide the application by a reasoned and speaking order, within a period of eight weeks, thereafter, keeping in mind the observations made, herein-above.
Subject to the above, this writ petition stands, disposed of.
Order Date :- 20.12.2019 RKM