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CHANDRA KUMAR RAI
Rajesh Chaudhary – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Ashok Kumar Dwivedi, learned counsel for the petitioner, Mr. Pankaj Kumar Gupta, learned counsel for respondent No.4/Gaon Sabha, Mr. Shridhar Tripathi, learned Standing Counsel for the State-respondent and Mr. Amit Kumar Singh, Advocate, who has filed caveat on behalf of Gangaram Gupta, although Gangaram Gupta has not been impleaded in the writ petition.
2. The instant writ petition has been filed for the following relief:
3. With the consent of learned counsel for the parties the ins
The court emphasized that delays in filing appeals should be condoned to ensure substantial justice, overriding technical limitations.
Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.
Orders of ejectment and damages must adhere to natural justice principles, ensuring proper consideration of objections and conducting necessary surveys before enforcement.
Judicial procedures must ensure proper hearing before ejectment under the U.P. Revenue Code, emphasizing transparency and adherence to statutory guidelines.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Point of law: A bare reading of sub-section (5) shows that any ‘person’ may be the ‘party’ or may not be a party can maintain an appeal if he is aggrieved from the order of the Assistant Collector un....
Eviction upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
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