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YOGENDRA KUMAR SRIVASTAVA
Mukesh Pachauri – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Yogendra Kumar Srivastava, J.
1. Heard Sri K.P.S. Yadav, learned Advocate holding brief of Sri Pradyumna Kumar Yadav, learned counsel for the petitioner, Sri J.N. Maurya, learned Chief Standing Counsel appearing along with Sri Abhishek Shukla, learned Additional Chief Standing Counsel, for the State-respondents and Sri Krishna Kant Singh, learned counsel representing the respondent Gram Sabha.
2. The present petition has been filed seeking to assail a notice dated 09.01.2024 issued by the respondent No. 4, the Tehsildar, Khair, District Aligarh, in R.C. Form20, under Section 67(2) of Uttar Pradesh Revenue Code, 2006[the Revenue Code].
3. Contention of the counsel for the petitioner is that earlier proceedings under Section 122B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950[the Z.A. Act], had been initiated in the year 2012, against the petitioner's father, in respect of the same plot of land, which resulted in passing of an order dated 15.09.2012, by the Tehsildar, directing eviction and payment of compensation.
4. The aforesaid order was subjected to challenge in a revision preferred by the Gram Sabha, under Section 122B(4A) of the Z.A. Act, which was decided
Fresh proceedings under the Revenue Code can be initiated based on new evidence of encroachments, despite prior proceedings being dropped due to the petitioner's father's death.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Procedural compliance is essential in eviction proceedings to ensure fairness and transparency, as established by prior judgments.
The main legal point established in the judgment is that Sections 61 and 79A of the Bombay Land Revenue Code, 1879, providing for penalties for unauthorized occupation of land and summary eviction of....
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
The court reinforced that statutory remedies must be exhausted before invoking the High Court's extraordinary jurisdiction in matters of land encroachment.
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