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SIDDHARTHA VARMA, VINOD DIWAKAR
Charan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Heard Shri Vishal Khandelwal, Shri Harsh Vikram, Shri Gaurav Singh and Shri Bhuvnesh Kumar Singh, learned counsel for the petitioners in all the connected writ petitions and Shri Neelabh Srivastava, Shri Sudhanshu Pandey, Shri Mohd. Zaid, learned counsel for the private respondents in all the connected writ petitions, Shri S.N. Srivastava learned Additional Chief Standing Counsel and Shri Krishna Kant Singh, learned counsel for the Gaon Sabha.
2. The instant reference to the following effect has been placed before us by Hon'ble the Chief Justice. The issue raised in the reference is reproduced herein below for the sake of clarity:
3. In the instant petition, the order under ch
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....
The right to avail the remedy of revision under Section 333 of the Act of 1950 survives the repeal of the Act of 1950 and, therefore, the revision is maintainable.
The U.P. Revenue Code's provisions regarding appeals are self-contained and govern the necessity of filing documents, overriding general procedural requirements of the Code of Civil Procedure.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
The court ruled that an appeal under Section 35(2) of the Uttar Pradesh Revenue Code is subject to revision under Section 210, emphasizing the supervisory role of the Board or Commissioner over subor....
The main legal point established in the judgment is that the statutory scope and purpose of Section 333 of the Act, 1950 is to be availed only in those situations where no appeal lies or where an app....
The U.P. Revenue Code, 2006 applies to areas under Nagar Panchayats, and the availability of a statutory alternative remedy precludes the entertainment of a writ petition.
The main legal point established in the judgment is that the proceedings under the Land Revenue Act are summary in nature and governed by their own procedural provisions, and the general procedural r....
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