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CHANDRA KUMAR RAI
Ram Zani – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Order on C.M. Substitution Application dated 05.01.2024
In compliance of the order dated 01.02.2024, true copy of the substitution application in respect to the petitioner No.5 is on record.
2. Office is directed to allot fresh number to the instant application.
3. Heard learned counsel for the parties.
4. The instant application has been filed in respect to the petitioner No.5 with the prayer that her heirs are already on record as petitioner Nos.1 to 4.
5. The application is allowed.
6. Let the word deceased be mentioned against the name of petitioner No.5 and note be made that her heirs are already on record of the writ petition as petitioner No.1 to 4.
Order on Writ Petition
7. Heard Mr. S.M. A. Abdy, learned counsel for the petitioners, Mr. Y.P. Singh, learned counsel for respondent Nos.1/1 to 1/5, 2/1, 5 and 6, Mr. Sunil Kumar Singh, learned counsel for gaon sabha and Dr. Govind Kumar Saxena, learned Additional chief Standing Counsel for the State-respondents.
8. Learned counsel for the petitioners submitted that second appeal filed at the instance of the petitioners arising out of suit under Section 229-B of U.P.Z.A.&L.R. Act is pending before th
The Board of Revenue must resolve pending applications before proceeding with appeals, ensuring all parties are properly notified.
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.
The central legal point established in the judgment is the need for a liberal approach in matters relating to condonation of delay, emphasizing the importance of substantial justice and not denying p....
The court affirmed the Board of Revenue's decision, ruling that the Naib Tehsildar acted within jurisdiction and the petitioner's claims were dismissed due to lack of grounds for recall.
The court emphasized the need for expeditious resolution of long-pending suits under the U.P.Z.A. & L.R. Act, affirming that delays in restoration applications can be dismissed on grounds of limitati....
The court emphasized the necessity of providing a fair hearing before making decisions that affect parties' rights, reinforcing principles of natural justice.
The court ruled that an ex parte order requires a recall application to be maintainable, emphasizing the need for parties to be heard before any interim orders are issued.
A stranger to the proceeding has no right to file a recall application against a judgment and decree passed on the basis of a compromise.
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