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CHANDRA KUMAR RAI
Nehru Junior High School Taryasujan – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Sri R.C. Singh, learned Senior Counsel assisted by Sri R.S. Nagvanshi, learned counsel for petitioner, Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Anurag Tripathi, learned counsel for respondent no.5, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for state-respondents and Sri Sudhir Bharti, learned counsel for Gaon Sabha.
2. Brief facts of the case are that one Naipal and Raghunath sons of Dev Narayan were bhumidhar in possession of old plot nos. 43/1.93, 44/1.64, 54/.50, 55/.48, and 56/.48 New No. 514, 515, 529. The recorded tenure holders as mentioned above transferred the aforesaid plots to the Junior High School Tarya Sujan, District Deoria (now district Kushinagar) vide registered sale deed dated 09-08-1965.
3. On the basis of the aforementioned sale deed dated 09-08-1965 name of the college was accordingly recorded in the revenue records. The village in question where the aforementioned plots were situated was brought under consolidation operation by means of notification issued under Section 4 of U.P. Consolidation of Holdings Act (hereinafter referred as U.P. C.H. Act). Basic year entry according to petitio
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
The jurisdiction of civil courts is barred under Section 49 of the U.P.C.H. Act for matters related to land subject to consolidation, unless fraud is proven, which was not established in this case.
The suit was held to be barred by Section 49 of the U.P.C.H. Act as the disputed land was recorded as Navin Parti during consolidation operation and the plaintiff did not take any steps to correct th....
The Board of Revenue's judgment setting aside trial court findings was arbitrary, lacking proper legal basis and factual consideration, thus the trial court's decree was affirmed.
The court affirmed that prior adjudications in consolidation proceedings are binding, and the petitioners' claims lacked legal basis under the U.P. Revenue Code.
A co-sharer in ancestral property retains their rights despite not participating in consolidation proceedings, and their claims cannot be dismissed solely based on procedural bars without a substanti....
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
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