RAJIV JOSHI
Urmila Chand – Appellant
Versus
Tehsildar – Respondent
JUDGMENT :
1. Learned Counsel for the petitioner submits that the prayer "(b)" made in the writ petition is incorrect, therefore, he does not want to press the same and is confined to only prayer "(a).
2. Heard Sri Ravindra Singh, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and perused the record.
3. The instant writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
4. Learned Counsel for the petitioner submits that the application filed by the petitioner under Section 34 of U.P. Revenue Code, 2006 had already been decided vide order dated 22.05.1999.
5. Against the said order, the respondent nos.3 to 5 filed an application along with delay condonation application on 09.05.2017 and on the said application, the interim order was passed by the concerned Tehsildar vide order dated 20.11.2019 but till today the restoration application has not been decided.
6. Learned Standing Counsel states that no useful
Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.
A suit for declaration under Section 144 of the U.P. Revenue Code cannot be decided without framing issues and allowing evidence, and orders passed without jurisdiction are nullities.
Availability of alternative remedy under section 67(5) of the U.P. Revenue Code, 2006.
Point of Law : The doctrine of precedent or Stare Decisis is a settled principle of law that a judgment, which has held the field for a long time, should not be unsettled. The doctrine of ' Stare Dec....
The court emphasized the necessity of exhausting statutory remedies before invoking writ jurisdiction, with exceptions for violations of natural justice and lack of jurisdiction.
The court emphasized that delays in filing appeals should be condoned to ensure substantial justice, overriding technical limitations.
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