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JAYANT BANERJI
Jokhai – Appellant
Versus
Board of Revenue – Respondent
| Table of Content |
|---|
| 1. property ownership and historical claims. (Para 3 , 5) |
| 2. challenge to revenue records and legal grounds. (Para 6 , 9) |
| 3. counterarguments regarding property claims. (Para 7 , 8) |
| 4. summary proceedings vs. proper legal remedies. (Para 10 , 11) |
| 5. nature of summary proceedings in property law. (Para 14 , 17) |
| 6. conditions of judicial intervention in revenue records. (Para 18 , 19) |
| 7. writ petition disposition and ancillary observations. (Para 20) |
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
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.
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