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MANISH KUMAR NIGAM
Ram Babu – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. writ petition for land demarcation. (Para 1 , 2) |
| 2. arguments regarding maintainability of the petition. (Para 3 , 4) |
| 3. statutory provisions for land management committee. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. prior resolutions necessary for filing on behalf of the panchayat. (Para 18 , 22) |
| 5. statutory provisions must be followed for legal proceedings. (Para 19) |
| 6. engagement of legal counsel requirements. (Para 24 , 26 , 28) |
| 7. writ petition not maintainable by an individual. (Para 36 , 37 , 38 , 39) |
| 8. final order dismissing the writ petition. (Para 40) |
JUDGMENT :
Manish Kumar Nigam, J.
This writ petition has been filed for following prayer :
(B) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent No. 3 to assure that status quo relating to the Gata No. 402 (Pasture land) may be maintain
A writ petition cannot be filed individually by a Gram Panchayat member without a resolution from the Gaon Sabha, highlighting the need for collective decision-making in statutory bodies.
Point of law: A bare reading of sub-section (5) shows that any ‘person’ may be the ‘party’ or may not be a party can maintain an appeal if he is aggrieved from the order of the Assistant Collector un....
Rights of gram panchayat - There is no absolute right given to Gram Panchayat with regard to ownership of property and that vesting is only confined to direction, management and control and that too,....
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The court reinforced that administrative decisions must consider ongoing civil proceedings and legal injunctions, ensuring maintainability assessments align with established legal provisions.
A complainant may maintain a writ petition under Section 67 (5) of the UP Revenue Code if they are aggrieved by the dismissal of their appeal, but the merits of the case must support their claims for....
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The court established that residents can challenge land allotments as 'persons aggrieved' under the U.P. Zamindari Abolition and Land Reforms Act, emphasizing the importance of public interest in suc....
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