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ALOK MATHUR
Shiv Bahadur Singh – Appellant
Versus
Learned Commissioner Devipatan Mandal Gonda – Respondent
JUDGMENT
Alok Mathur, J.
Heard Shri. Brijesh Kumar Singh, learned counsel appearing for petitioners, learned Standing Counsel appearing for respondent no. 1 and 2, Shri. Indrajeet Shukla, Advocate who has filed Vakalatnama on behalf of respondent no. 3, which is taken on record and perused the material available on record.
2. The present controversy has arisen out of the proceedings under Section 41 of the U.P. Revenue Code, 2006 with regard to the demarcation of land.
3. It has been submitted by learned counsel for petitioner that objections were filed by the private respondents before the Sub Divisional Magistrate, Tarabganj, District Gonda, who had allowed the objections of the respondents by means of order dated 18.02.2013. It is stated by learned counsel for petitioner that in the aforesaid proceedings, notice was not given to the petitioner and consequently, he could not participate in the said proceedings while a portion of his land was held to be excess of the area to which he is entitled and the said excess area was sought to be reduced in the said demarcation proceedings. The petitioner, after coming to know of the order dated 18.02.2013 passed by the Sub Divisional Magistr
The court emphasized that failure to provide notice and consider objections in administrative proceedings violates natural justice, allowing for judicial intervention despite alternative remedies.
The failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
The court emphasized adherence to procedural guidelines in land encroachment cases, ruling that arbitrary orders lacking proper evidence and consideration must be quashed.
Parties accepting land demarcation via signed joint statement on spot cannot subsequently object or appeal, as Section 107(7) H.P. Land Revenue Act bars challenges when no objections raised during pr....
The court held that failure to provide notice and opportunity for hearing in demarcation proceedings violated natural justice, rendering the ex parte orders illegal and subject to procedural recall.
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