Smt. Saroj vs State Of U.P. & Others
2012 Latest Caselaw 2068 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 31374 of 1997
 

 
Petitioner :- Smt. Saroj
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Raj Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Heard learned counsel for petitioner and perused the record.

Writ petition is directed against the order dated 15.2.1996 passed by Deputy Collector cancelling lease of petitioner regarding plantation and appellate order dated 5.7.1997 passed by Collector. The authorities below have found that as per terms and conditions of lease, petitioner was supposed to make plantation within two years which she did not comply and, therefore, for violation of terms and conditions of lease, the same has been cancelled.

The nature of lease in question is non statutory and, therefore, at the best it is a case of breach of contract, if what the learned counsel for petitioner contends is accepted, for which a suit for damages may lie but writ petition under Article 226 of Constitution is not maintainable merely because contract has been entered into with the Officers of State Government. Learned counsel for petitioner could not show that the kind of lease granted in this case is referable to any statute and could not dispute that the same is governed by general provisions of Transfer of Property Act and in case of wrongful termination of lease, the proper remedy available to petitioner in common law is by filing civil suit. I, therefore, find no reason to interfere.

Dismissed.

Dt. 22.5.2012

PS-31374/97