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JAYANT BANERJI
Jokhai – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT
Jayant Banerji, J.
Heard Sri S.C. Varma, learned counsel for the petitioners, Sri O.P. Sharma, learned Additional Chief Standing Counsel appearing for respondent nos.1, 2 and 3 and Sri R.B. Tripathi, learned counsel appearing for respondent nos. 5 to 9.
2. As is evident from the order dated 14.7.2021, Sri K.P. Verma, learned counsel represents respondent no.4, however, despite the list being revised, he has not appeared.
3. This writ petition has been filed seeking quashing of the judgment and order dated 8.4.2021, passed by the Board of Revenue and the order dated 30.6.2016, passed by the respondent no.2, Sub Divisional Officer, Bhadohi.
4. It is noticed that despite time being granted to the Standing Counsel, appearing for the State and to the counsel appearing for the Gaon Sabha, no counter affidavit has been filed.
5. It is stated in the writ petition that with respect to Plot No.80, area 0-18-1 bighas and Plot No.81 area 0-15-3 bighas situate in Mauja Rudrapur Taluka Chauthar, Pargana, Tehsil and District Bhadohi, the entry was in the name of the father of the petitioners and after their father's death, the names of the petitioners have continued uninterruptedly for for
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
Summary proceedings under the U.P. Land Revenue Act cannot expunge long-standing land entries; proper judicial recourse is required for ownership disputes.
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.
Revenue authorities must issue individual notices before altering land records to uphold natural justice, as failure to do so renders the action arbitrary and illegal.
The appellate authority under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act has jurisdiction to entertain appeals regarding land title and possession, and the status quo must be maint....
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