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RAJEEV MISRA
Kedar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mr. Jay Prakash Singh, the learned counsel for petitioner, the learned Standing Counsel for Respondents 1, 2 and 3 and Miss Satakshi Singh, Advocate holding brief of Mr. Avinash Chandra Srivastava, the learned counsel representing Respondent 4.
2. Perused the record.
3. Challenge in this writ petition is to the order dated 26.09.2019 passed by Respondent 3/Assistant Collector/Tehsildar, Tehsil- Fatehabad, District-Agra in Case No. 04165 of 2018 (Gram Sabha Hirner Navada Kheda v. Kedar Singh), under Section 67 of U.P. Revenue Code, 2006, the order dated 16.11.2019 also passed by Respondent 3/Assistant Collector/Tehsildar, Tehsil-Fatehabad, District-Agra in Case No. 03408 of 2019 (Kedar Singh v. ....), under Section 67 of U.P. Revenue Code, 2006 on the restoration application dated 04.10.2019 filed by the petitioner against earlier order dated 26.09.2019, an order dated 10.10.2022 passed by Respondent 2, Additional Collector (Administration), Agra in Appeal No. 10726 of 2019 (Kedar Singh v. Gram Sabha Hirner trough Pradhan), under Section 67(5) of U.P. Revenue Code, 2006 whereby aforementioned appeal filed by petitioner against the orders passed by Resp
Possession of public utility land does not confer rights; damages must be calculated according to legal standards.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
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.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
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