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KSHITIJ SHAILENDRA
Leellu – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. writ petitions for quashing eviction orders. (Para 2 , 3 , 4 , 5) |
| 2. legal standards for notice under u.p. revenue code. (Para 6 , 8) |
| 3. court's adherence to statutory provisions. (Para 10 , 11 , 12) |
| 4. principles of natural justice defined. (Para 19 , 20 , 21 , 22) |
| 5. interpretation of natural justice in administrative actions. (Para 29 , 30) |
| 6. implications of hasty decisions by administrative authorities. (Para 33 , 34 , 35) |
| 7. writ granted quashing previous order. (Para 36 , 37 , 38) |
JUDGMENT
Kshitij Shailendra, J.
Heard Shri Amish Kumar Srivastava along with Ms. Sanju Lata, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Shri Kaushal Kishore Mani, learned counsel for respondent No. 4.
2. The petitioner has made two prayers in the writ petition. The first prayer is for quashing of the order dated 04.01.2023, whereby the Tehsildar concerned has directed eviction of the petitioner in the proceedings under section 67 of U.P. Revenue Code, 2006 and also imposed penalty to the extent of Rs. 1,36,600/-. The second prayer is for deciding the restoration application filed by the petitioner on 16.01.2023 seeking recall of the order da
The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting pro....
The absence of a show cause notice does not invalidate authority action unless prejudice is shown; compliance with assignment conditions for land is crucial.
The impugned notice lacked the basic element of opportunity to the noticee to rebut and defend the allegation imposed against him, and proposed an action to be taken under a non-applicable provision ....
The impugned orders were violative of principles of natural justice, affecting the civil rights of the petitioner, and were therefore quashed and set aside.
Point of Law : It is no doubt true that if there was any provision to be found in impugned Act which prevented the Wage Board from giving reasons for its decision, it might be construed to mean that ....
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