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CHANDRA KUMAR RAI
Ramveer – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Sri Anil Sharma, learned Senior Counsel assisted by Shri Saurabh Basu, learned counsel for the petitioners. Shri Anoop Trivedi, learned Senior Counsel assisted by Shri Abhishek Kumar Chaubey and Sri Vibhu Rai, learned counsel for for the respondent No.7 and Shri Raj Kumar Singh, learned Standing Counsel for the State respondents.
2. Brief facts of the case are that plot No.353/2, 354, 355/2, 398/2, 399/2, 400/2 situated in village Sadullapur @ Modelpur, Tehsil-Jewar, District Gautambudhpur were recorded in the name of petitioners' father Shiv Dayal @ Shiv Lal in 1347 Fasli according to petitioners but according to State as well as private respondent No.7 it was recorded in the name of Zamindar Chaudhary Rajendra Singh and the same was given on lease to father of petitioner no.1 Shiv Dayal @ Shiv Lal had two sons Ramveer & Shahveer. Petitioner No.2 purchased the share of Shahveer accordingly petitioner Nos.1 & 2 are contesting the proceedings. Consolidation proceeding intervened in the village by way of notification issued under section 4 of U.P. Consolidation of Holdings Act, 1953 on 24.2.1966 and village was de-notified by way of notification iss
Summary proceedings under the U.P. Land Revenue Act cannot expunge long-standing land entries; proper judicial recourse is required for ownership disputes.
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
Point Of Law: It is important to appreciate the question of intention as it would have appeared to the paper-owner. The issue is that intention of the adverse user gets communicated to the paper owne....
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
The suit was held to be barred by Section 49 of the U.P.C.H. Act as the disputed land was recorded as Navin Parti during consolidation operation and the plaintiff did not take any steps to correct th....
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
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