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KSHITIJ SHAILENDRA
Malti Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Kshitij Shailendra, J.
Rejoinder affidavit filed today is taken on record.
2. Heard Shri Adya Prasad Tewari, learned counsel for the petitioner, learned Standing Counsel representing the State-respondents and Shri Juned Alam, learned counsel for the respondent nos.5 to 7.
3. This court on 15.03.2023 passed a detailed order which is quoted hereinbelow:-
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The court held that disputed questions of fact can be adjudicated in writ jurisdiction if they do not require elaborate evidence, emphasizing fairness in administrative actions.
Under U.P. Revenue Code, 2006, Section 65 empowers Sub-Divisional Officer to restore possession of allotted residential plot to scheduled caste landless labourer against encroachers even post-initial....
Administrative authorities cannot interfere in civil property disputes pending before a competent court, and dispossession must follow due process of law.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Actual physical possession must be established for lease obligations; mere issuance of possession certificate is insufficient.
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