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CHANDRA KUMAR RAI
Indal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. A.P. Singh, learned counsel for the petitioner, Mr.Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sudhir Bharti, learned counsel for respondent No.4/Land Management Committee.
2. The instant petition has been filed for following relief:
The court highlighted the necessity for due process in land disputes, affirming that no demolition should occur pending resolution of restoration applications under the U.P. Revenue Code.
Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.
Judicial procedures must ensure proper hearing before ejectment under the U.P. Revenue Code, emphasizing transparency and adherence to statutory guidelines.
Orders of ejectment and damages must adhere to natural justice principles, ensuring proper consideration of objections and conducting necessary surveys before enforcement.
Restoration of proceedings under Section 67A(1) of the U.P. Revenue Code requires proper opportunity for hearing to all parties involved.
Procedural fairness is essential in eviction proceedings; failure to address specific grounds in appeals and adhere to established guidelines violates due process.
The court emphasized that delays in filing appeals should be condoned to ensure substantial justice, overriding technical limitations.
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