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CHANDRA KUMAR RAI
Ashok Kumar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's relief requests (Para 2) |
| 2. petitioners allege arbitrary action (Para 3) |
| 3. state's defense on lawful procedure (Para 4) |
| 4. court's review of proceedings (Para 5 , 6) |
| 5. guidelines for procedural fairness (Para 7) |
| 6. importance of merit over technicality (Para 8) |
| 7. justice requires fresh examination (Para 9) |
| 8. judgment set aside and remand ordered (Para 10) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Anjani Kumar, Counsel for the petitioners, learned Standing Counsel for State-respondents and Mr. Pradeep Singh, Counsel for respondent No.4/Gaon Sabha.
2. The instant writ petition has been filed for the following relief:
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.
Eviction upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
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