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MINI PUSHKARNA
Bir Singh Deceased Through Lrs A. Anuj Yadav B. Sanjay Yadav – Appellant
Versus
Gaon Sabha Village Kapashera – Respondent
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. The present writ petition has been filed with the following prayers:
"(i.) a Writ order or direction in the nature of mandamus or prohibition or any other appropriate writ thereby directing the respondents not to illegally and forcibly take possession of the land comprised in pre-consolidation Khasra Nos. 535 and 536, which was assigned new Khasra No. 38/31 during the Consolidation Proceedings to the extent of 2 Bigha 15 biswas;
(ii.) a Writ order or direction in the nature of mandamus or any other appropriate writ may also be issued declaring the letter/legal notice dt. 28.07.2022 in requesting the Respondent No. 5 to take over possession and/or to take necessary action in view of the urbanisation against the Petitioner in respect of the land comprised in preconsolidation Khasra Nos. 535 and 536, which was assignednew Khasra No. 38/31 during the Consolidation Proceedings to the extent of 2 Bigha 15 biswas in violation of the Scheme of Consolidation and in violation of law.
(iii.) a Writ, order or direction in the nature of Mandamus thereby directing the Respondent No. 4/Consolidation Officer to dispose off the c
The recognition of the petitioner's right as Kayami and the directive to protect their possession without illegal and forcible disturbance.
The court emphasized the importance of expeditious disposal of representations and directed the respondent to pass a speaking order within a specified time frame.
The Court affirmed that a guardian can effectively represent minors in administrative proceedings, and the Consolidation Officer has jurisdiction to rectify land allotments based on clerical errors, ....
The court affirmed that disputes regarding consolidation schemes must be resolved through appellate remedies, and title disputes among estate holders are to be adjudicated by civil courts, not under ....
The U.P. Consolidation of Holdings Act allows authorities to adjudicate on land rights even when a wrong provision is cited, as long as they possess the necessary jurisdiction.
The central legal point established in the judgment is the importance of documentary evidence in land disputes and the authority of the concerned Prescribed Authority to determine the entitlement of ....
Administrative authorities cannot recall judicial orders without due process, and principles of natural justice require a hearing before adverse actions affecting rights.
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