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CHANDRA KUMAR RAI
Vijay Shankar Rai – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. relief sought for eviction of encroachers. (Para 1 , 2 , 3) |
| 2. dispute over encroachment not considered due to pending civil suit. (Para 4 , 5 , 6) |
| 3. pendency of civil suit does not stay eviction proceedings. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. urgency for resolving eviction proceedings. (Para 14) |
| 5. court orders expeditious decision on pending cases. (Para 15) |
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Pankaj Kumar Rai, Counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the Staterespondents, Mr. Kalpnath Rai for respondent nos. 6 to 9 and Mr. Bhupendra Kumar Tripathi for respondent no. 10, Gram Sabha.
2. The instant public interest litigation has been filed for the following relief:-
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 established that there is no limitation for filing a suit under Section 229-B of the U.P.Z.A. and L.R. Act, affirming the petitioners' continuous possession and rights over the disputed lan....
Public Interest Litigations must serve the public interest and cannot be used for personal grievances, as 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....
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The U.P.Z.A. & L.R. Act has a special status under the Constitution of India, and the general civil law would not be applicable over it. The determination of the nature of land exclusively falls with....
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