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SAURABH LAVANIA
Akram Alias Janib – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri. Divyanshu Mishra, learned counsel for the petitioner and Sri. Hemant Kumar Pandey, learned counsel for the State.
2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. It is for the reasons that no prejudice would be caused to them and even after appearance they would not be in a position to dispute factual aspect of the case and the process would delay the disposal of cases in issue as also the present petition.
3. Present petition has been filed for the following main relief:-
The court emphasized the necessity of consolidating related cases to avoid conflicting decisions and ensure judicial efficiency under the U.P. Revenue Code.
The court emphasized that once a legal revision is entertained, subsequent orders should not arbitrarily modify prior orders, maintaining the integrity of due process.
A revisional court's proper exercise of jurisdiction cannot be arbitrarily changed once proceedings have been entertained, reinforcing the need for procedural fairness.
The court emphasized the necessity of providing all parties an adequate opportunity to be heard in judicial proceedings, ruling that procedural irregularities render decisions unsustainable.
Court emphasized the necessity of maintaining interim orders during appeal proceedings and directing merits-based adjudication.
Restoration applications for ex-parte decrees are maintainable and do not abate under the U.P.C.H. Act, even if consolidation operations are ongoing.
The right to appeal or revise under the U.P. Zamindari Abolition & Land Reforms Act, 1950, remains intact for suits filed before the U.P. Revenue Code, 2006, emphasizing that such rights are substant....
A writ petition can be entertained despite the availability of an alternative remedy when the impugned order violates principles of natural justice.
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