RAJEEV MISRA
Amrit Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Rajeev Misra, J.
Heard Mr. Dev Prakash Singh, the learned counsel for petitioner, Mr. Abhishek Shukla, the learned Additional Chief Standing Counsel for Respondents 1 to 3 and Mr. Ambuj Srivastava, Advocate, holding brief of Mr. Achal Singh, the learned counsel representing Respondent 4.
2. At the very outset, the learned standing counsel and the learned counsel representing respondent 4 submit that present writ petition be decided finally without calling for a counter affidavit. Learned counsel for petitioner has not objection to the same. Accordingly, with the consent of the counsel for the parties, the present writ petition is being decided finally at the admission stage, without calling for a counter affidavit.
3. Perused the record.
4. Challenge in this writ petition is to the order dated 31.03.2023 passed by Respondent 3, Assistant Collector/Tehsildar (Judicial), Karvi Chitrakoot in Case No. 603 of 2020 (Gaon Sabha Chakaundh v. Amrit Lal), under Section 67 of U.P. Revenue Code, 2006 (Annexure-2 to the writ petition) and the order dated 27.07.2023 passed by Respondent 2, Collector/District Magistrate, Chitrakoot in Appeal No. 213 of 2023 (Amrit Lal v. Gaon Sabha Chakau
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
Possession of public utility land does not confer rights; damages must be calculated according to legal standards.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
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 upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
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