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RAJNISH KUMAR
Shyam Sundar – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. challenge to order under u.p. revenue code (Para 1 , 2) |
| 2. claim of possession by petitioner (Para 3) |
| 3. respondents' argument against petitioner's claim (Para 4) |
| 4. review of submissions and records (Para 5 , 6) |
| 5. eligibility under section 67-a of u.p. revenue code (Para 7 , 8 , 9 , 10) |
| 6. dismissal of writ petition (Para 11 , 12) |
JUDGMENT
Rajnish Kumar, J.
Heard Shri Saryu Prasad Tiwari, learned counsel for the petitioner, learned Standing Counsel and Shri Govind Kumar Chaurasiya, Advocate holding brief of Shri Mohan Singh, learned counsel for the Gaon Sabha.
2. This petition has been filed challenging the order dated 02.01.2023 passed by the Tehsildar- Bhiti, District- Ambedkar Nagar by means of which the claim of the petitioner for settlement under Section 67 -A(1) of the U.P. Revenue Code, 2006 on a part of Gata No.1267-Kha, Min. 0.008 hec. and Gata No.1268-Ga, Min. 0.011 hec. has been rejected and the order dated 17.04.2023 passed by the respondent no.2/ Collector/District Magistrate, District- Ambedkar Nagar on appeal of the petitioner under Section 67 (5) of the U.P. Revenue Code-2006.
3. Submission of the learned counsel for the petitioner is that the petiti
Authorities must adhere to statutory provisions and consider beneficial legislation 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 central legal point established in the judgment is the requirement of possession over the disputed plot and the specific eligibility criteria for settlement under Section 67-A of U.P. Revenue Cod....
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
Eviction upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
A complainant may maintain a writ petition under Section 67 (5) of the UP Revenue Code if they are aggrieved by the dismissal of their appeal, but the merits of the case must support their claims for....
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