Five Year Lease Holder Cannot Be Made Owner: Allahabad High Court
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- July 13, 2023
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Five Year Lease Holder Cannot Be Made Owner: Allahabad High Court
The Allahabad High Court rejected the demand of the Land Management Committee to convert the lease allotted for five years into transferable land under the Uttar Pradesh Consolidation of Holdings Act.
The court said that when the lease is for five years only, the petitioner cannot be made its owner. Justice Saurabh Shyam Shamsheri has given this order while rejecting the petition of Fenku Lal Pal Gautam.
The court said that the petitioner himself has admitted that the land management committee had granted a patta to his father on June 30, 1971 under the gata settlement in account number 616 for a total of five years year after year. The father of the petitioner died.
The petitioner remained in possession of it for 37 years. Now this land has been included in category three, the savings land of the Gram Sabha. The period of lease cannot be extended.
Earlier, the petitioner had filed an application before the Gorakhpur Consolidation Officer demanding that this land be declared transferable and given the right to transfer it. The Consolidation Officer rejected this demand.
The court said that there was no need to interfere with the order passed by the Consolidation Officer. Order is correct. Therefore, the petition is dismissed.