Chandan vs State of U. P. - 2023 Supreme(All) 2713

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2713

SAURABH SRIVASTAVA
Chandan – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner: Vikram Singh Shrivastava, Prateek Sinha
For the Respondent: C.S.C., Deepak Gaur, Om Prakash Tripathi

Table of Content
1. imposition of eviction due to encroachment. (Para 2 , 3)
2. arguments regarding section 67-a defense. (Para 4 , 5)
3. necessity of land demarcation for encroachment determination. (Para 6 , 7 , 8)
4. legislative intent on protecting certain encroachers. (Para 9 , 10 , 11)
5. integration of defenses in judicial proceedings. (Para 12 , 13 , 14 , 15 , 16)
6. orders set aside due to legal vitiation. (Para 17)
7. directions for further proceedings. (Para 19)
8. conclusion of the writ petition. (Para 20)

JUDGMENT

Saurabh Srivastava, J.

Heard Shri Prateek Sinha, learned counsel for the petitioner and the learned Standing Counsel for the State respondents.

2. The impugned order dated 26.10.2020 passed by the respondent No.3- Assistant Collector 1st Class, Jhansi rendered in proceedings registered as Computerized Case No. T201906370110300 under Section 67 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as the 'Code'), finds that the petitioner had illegally encroached over the disputed parcels of land, and accordingly it was directed that the petitioner be evicted from the disputed parcel of land. Damages and other charges were also imposed upon the petitioner.