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SAURABH LAVANIA
Shatrohan – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. challenge against procedural compliance in revenue orders. (Para 2 , 3 , 4) |
| 2. need for adherence to judicially established procedures in property disputes. (Para 5 , 6 , 7) |
| 3. court's review finds lack of procedural adherence. (Para 8 , 9 , 10) |
| 4. order set aside; remand for fresh proceedings directed. (Para 11 , 12) |
| 5. need for procedural amendments in revenue code for fair application. (Para 13 , 14 , 15 , 16) |
JUDGMENT
Saurabh Lavania, J.
Heard Sri Alok Kr. Misra, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned counsel for the State as also Sri Dileep Kumar Pandey, learned counsel for the Gaon Sabha.
2. Under challenge is the order dated 29.11.2022 passed by the opposite party No.4-Assistant Collector/Tehsildar, Tehsil- Ikauna, District-Shrawasti, in the proceedings carried out against the petitioner under Section 67 of the U.P. Revenue Code, 2006 (in short "Code of 2006") which was registered as Case No.4255 of 2022, Computerized Case No.T202208620204255.
3. The petitioner has also challenged the order dated 19.01.2023 passed by the opposite party No.2-District Magistrate, District- Shrawasti, in the Appeal No.568 of 2022, Computerized Case N
Procedural fairness is essential in eviction proceedings; failure to address specific grounds in appeals and adhere to established guidelines violates due process.
The court ruled that penalties imposed for land encroachment must comply with established procedural guidelines to ensure fairness and transparency.
The court emphasized adherence to procedural guidelines in land encroachment cases, ruling that arbitrary orders lacking proper evidence and consideration must be quashed.
The court emphasized that delays in filing appeals should be condoned to ensure substantial justice, overriding technical limitations.
Orders of ejectment and damages must adhere to natural justice principles, ensuring proper consideration of objections and conducting necessary surveys before enforcement.
Procedural compliance is essential in eviction proceedings to ensure fairness and transparency, as established by prior judgments.
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