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RAJEEV MISRA
Laxmi Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mr. Rajnish Tripathi, the learned counsel for petitioner, the learned Standing Counsel for Respondents 1,2,3,4 and Mr. H.N. Singh, the learned counsel representing respondent 5, Gram Sabha.
2. Perused the record.
3. At the very outset, the learned counsel for petitioner submits that he be permitted to correct the description of Respondent 3 in the cause title of the writ petition as well as the stay application.
4. Prayer made by the learned counsel for petitioner is bona-fide. Same is not opposed by the learned Standing Counsel as well as the learned counsel representing respondent 5.
5. In view of above, prayer made by the learned counsel for petitioner is allowed.
6. Accordingly, the learned counsel for petitioner is permitted to amend the cause title of the writ petition/stay application during course of the day.
7. Challenge in this writ petition is to the order dated 04.08.2023 passed by Respondent 4, Tehsildar/Assistant Collector (First Class), Tehsil-Maitha, District-Kanpur Dehat in Case No. 1679 of 2022 (Gaon Sabha v. Lakshmi Devi), under Section 67 of U.P. Revenue Code, 2006 (Annexure-1 to the writ petition) as well as the order dated 16.11.2
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
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 affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
Damages awarded for illegal possession must be substantiated by evidence; failure to prove the Halka Lekhpal's report renders the damages arbitrary.
Possession of public utility land does not confer rights; damages must be calculated according to legal standards.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
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