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CHANDRA KUMAR RAI
Shaktinath Mani – Appellant
Versus
Additional Commissioner (Judicial) – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. A.P. Singh and Mr. Akhilanand Mishra, learned Counsels for the petitioners, Mr. A.B.N. Tripathi, learned Counsel for private respondent nos. 4 to 12, Mr. Sanjay Kumar Srivastava, learned State Law Officer for the State-respondents and Mr. Sudhir Bharti for respondent no.3, Gaon Sabha.
2. Brief facts of the case are that proceeding under Section 28 of U.P. Land Revenue Act was initiated in the year 1999 at the instance of father of respondent nos. 4 to 7 as well as respondent nos. 11 and 12 for correction of map which was initially registered as case No. 31 of 1999 and finally registered as case No. 588 of 2003 in respect to plot Nos. 100, 154, 156 and 157 situated in Village Shankarpura Tappa- Haveli, Pargana- Salempur Majhauli, Tehsil- Bhatparani District- Deoria impleading the petitioners' grandfather in the aforementioned proceeding. In the aforementioned proceeding, a report has been submitted by Revenue Inspector on 18.8.1999 in which area of plot No. 157 shown to be in excess by 0.10 dismil and area of plot Nos. 152, 153, 154 and 155 shown to be in excess by 6.1/2 dismil. Another report was submitted on 9.1.2003 by the Revenue Inspecto
The court emphasized adherence to statutory procedures in land revenue disputes, ensuring both parties have the opportunity to present their objections.
The court affirmed the Chief Revenue Officer's exercise of jurisdiction under Section 28 of the U.P. Land Revenue Act, ruling that remanding for fresh adjudication was an abuse of process.
The Supreme Court affirmed that issues previously settled cannot be re-litigated under Section 30 of the Uttar Pradesh Revenue Code unless substantial errors arise, thereby preventing unnecessary lit....
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
The court reinforced that administrative decisions must consider ongoing civil proceedings and legal injunctions, ensuring maintainability assessments align with established legal provisions.
Summary proceedings under the U.P. Land Revenue Act cannot expunge long-standing land entries; proper judicial recourse is required for ownership disputes.
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