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DINESH PATHAK
Girish Chandra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the petitioner, learned Standing Counsel and perused the record on board.
2. In view of the peculiar facts and circumstances of the present case and the order proposed to be passed hereinunder, this Court proceeded to decide the instant writ petition finally at admission stage, with the consent of the learned counsel for the petitioner and learned Standing Counsel for the State-respondents without calling for their respective affidavits.
3. The petitioner has shown his grievance against the ex-parte orders dated 4.10.2023 and 11.10.2023 passed by Consolidation Officer (respondent No. 3) behind his back sans opportunity of hearing accorded to him. For ready reference, orders dated 4.10.2023 and 11.10.2023, which are under challenge before this Court, are quoted hereinbelow:-
4. Having considered the rival submissions advanced by learned counsel for the parties and perusal of record, it is manifested that, vide order dated 2.3.2012 passed by Consolidation Officer in Case No. 381 under Section 9A(2) of UP Consolidation of Holdings Act (in brevity, 'UPCH Act'), the land in question was ord
Administrative authorities cannot recall judicial orders without due process, and principles of natural justice require a hearing before adverse actions affecting rights.
The central legal principle established in the judgment is the requirement of providing a post-order opportunity of hearing to the affected parties, as a violation of natural justice and fair play re....
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.
The central legal point established is the requirement to afford a post-order opportunity of hearing to the affected party, as a violation of natural justice renders the order invalid.
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.
Judicial orders must be made with integrity and transparency, and any manipulation or procedural irregularity undermines the validity of such orders.
Consolidation Authorities are legally obligated to implement judicial orders from consolidation courts, and failure to do so constitutes a breach of duty.
The failure to provide an opportunity to lead evidence in title disputes under the U.P. Consolidation of Holdings Act violates principles of natural justice, allowing for judicial review under Articl....
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