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JASPREET SINGH
Mohammad Altaf Mansoor @ Chaudhary Mohammad Altaf Mansoor – Appellant
Versus
Sub Divisional Magistrate Barabanki – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Sri. Ravi Shankar Tewari along with Sri. Puneet Chandra, learned counsel for the petitioner. Sri. Ravindra Pratap Singh, learned Standing Counsel for the State-respondents. Sri. Rakesh Bajpai, learned counsel of the private respondent no. 2 and Sri. Rakesh Kumar, learned counsel appearing under the authority of Sri. Tushar Verma, learned counsel for the respondent no. 5.
2. For the reasons recorded hereinafter, the notice to the private respondent nos. 3, 4, 9 and 10 is dispensed with.
3. The petitioner has approached this Court assailing the ex-parte order dated 12.05.2023 passed by the respondent no. 1, in case No. 1836 of 2023, in exercise of powers conferred under Section 80 of the U.P. Revenue Code, 2006 (hereinafter referred to as 'the Code of 2006).
4. The submission of learned counsel for the petitioner is that the disputed land in question comprises of Plot Nos. 641, 642, 643, 644, 645, 647, 648 and 649 in Village Kursi, Pargana Kursi, Tehsil Fatehpur District Barabanki. The petitioner has 1/3rd share in all the aforesaid plots along with the other co-tenure holders who are the private respondent nos. 9 and 10.
5. It is further stated that t
The court emphasized that quasi-judicial authorities must adhere to procedural integrity, and any order based on false representations is void.
The court held that a lease for land with multiple co-owners must be executed by all co-owners to be valid, and a declaration of non-agricultural use does not imply legal partition of the land.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
The court established that while conditions of land regrant are binding and must be complied with, enforcement actions based on breaches must be initiated within a reasonable time frame to be valid.
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
A partition suit under Section 116 of the U.P. Revenue Code is not maintainable if the petitioner is the sole recorded owner of the land.
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