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JAYANT BANERJI
Sunita – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks quashing of previous orders. (Para 2 , 4 , 5 , 6 , 7) |
| 2. arguments regarding applicability of laws. (Para 8 , 9 , 10) |
| 3. court clarifies rejection of plaint improper. (Para 11 , 13) |
| 4. definition and relevance of code's commencement. (Para 12) |
| 5. writ petition allowed; orders set aside. (Para 14 , 15) |
JUDGMENT
Jayant Banerji, J.
Heard learned counsel for the petitioner, Shri O.P. Sharma, learned Additional Chief Standing Counsel appearing for the State-respondents and Shri Sunil Kumar Singh, learned counsel appearing for the respondent no.5-Gaon Sabha.
2. This writ petition has been filed praying for the following reliefs:-
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....
The court permitted the filing of a fresh suit despite previous dismissal due to compliance with statutory reporting requirements, reaffirming access to justice in land disputes.
A party claiming adverse possession must demonstrate peaceful, open, and continuous possession, and the court emphasized the necessity for the suit to be adjudicated on merits.
Inordinate delay in filing a recall application without adequate justification can lead to dismissal of the petition, emphasizing the importance of timely legal action.
The court affirmed the entitlement of the petitioner to Bhumidhar rights under the U.P.Z.A. & L.R. Act, emphasizing the importance of recognizing statutory protections for marginalized community memb....
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
The judgment establishes the importance of considering the rights and protections provided to agricultural laborers belonging to Scheduled Castes and Scheduled Tribes under Section 122-B(4-F) of the ....
Procedural compliance is essential in eviction proceedings to ensure fairness and transparency, as established by prior judgments.
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