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CHANDRA KUMAR RAI
Dilawar – Appellant
Versus
State of U. P. – Respondent
ORDER
Chandra Kumar Rai, J.
Order on C.M. Impleadment Application No.2 of 2023
Heard learned Counsel for the parties.
2. In view of the facts mentioned in the application supported by the affidavit, the instant application is allowed.
3. Counsel for the petitioner is directed to implead the Gaon Sabha as respondent No.5 in the writ petition during the course of the day.
Order on Writ Petition
4. Heard Mr. Ratnesh Kumar Pandey, Counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Sunil Kumar Singh, Counsel for Gaon Sabha.
5. The instant writ petition has been filed for the following relief:
The court affirmed the entitlement of the petitioner to Bhumidhar rights under the U.P.Z.A. & L.R. Act, emphasizing the importance of recognizing statutory protections for marginalized community memb....
The court held that interim relief should be granted in land disputes pending regularization, emphasizing that statutory rights are to be protected until final determination.
Administrative authorities cannot interfere in ongoing civil disputes, ensuring respect for judicial processes and maintaining the status quo.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The Assistant Collector First Class is the sole authority to declare agricultural land transactions void under Section 166 of the U.P. Zamindari Abolition and Land Reforms Act.
The court emphasized that the possession of the petitioners shall not be disturbed unless an order of eviction is passed by a competent civil court following due process of law.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The court granted the petitioner the opportunity to seek redress from the appropriate authority regarding land possession issues, emphasizing due process in decision-making.
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