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DINESH PATHAK
Vijay Pal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. In view of the peculiar facts and circumstances of the present case and order proposed to be passed herein under, this Court proceeds to decide the instant writ petition at admission stage with the consent of learned counsel for the petitioner and learned Standing Counsel for the State respondents without calling for their respective affidavits.
3. Petitioner is aggrieved with the ex-parte order dated 01.08.2023 passed by Consolidation Officer (respondent no.5) behind his back sans opportunity of hearing accorded to him, consequently, he has been deprived of from his valuable right, title, interest and possession over the land in question.
4. Perusal of record, as available, reveals that Assistant Consolidation Officer has submitted ex-parte report dated 01.08.2023 for expunging the name of recorded persons from plot Nos.300, 318, 357, 385, 387, 409, 422, 452, 453, 456, 524, 537, 840, 951, 953, 955, 954-kha, 962, 963, 972 and 983 total 21 plots area 135 bigha 10 biswa (34.271 hectare) which had allegedly been recorded in Clause 5-3 kha(1) as jungle jhadi. Con
The principles of natural justice require that recorded tenure holders must be afforded an opportunity of hearing before their names are expunged from revenue records.
Administrative authorities cannot recall judicial orders without due process, and principles of natural justice require a hearing before adverse actions affecting rights.
The main legal point established in the judgment is that the principles of natural justice and fair play must be adhered to, and parties must be afforded an opportunity of hearing before their rights....
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.
Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.
A recorded tenure holder must be afforded an opportunity of hearing before their entry is expunged under the U.P. Land Revenue Act, affirming the principles of natural justice.
Long-standing entries cannot be altered without providing notice and an opportunity to be heard, reinforcing the principle of natural justice.
Personal action dies with the death of the person on the maxim action personalis moritur cum persona. But this operates only in a limited class of actions Ex delicto, such as action for damages for d....
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