RAJEEV MISRA
Sahabuddin – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJEEV MISRA, J.
1. Heard Mr. Pradeep Kumar, the learned counsel for petitioner, the learned standing counsel representing respondents 1, to 4 and Mr. Brij Kumar Saroj, Advocate holding brief of Mr. Sudhir Bharti, the learned counsel representing respndent-5.
2. Perused the record.
3. Challenge in this writ petition is to the order dated 18.01.2023 passed by respondent-4, Tehsildar (Judicial) Tehsil-Sadar, District-Maharajganj in Case No. 929 of 2023 (Sahabuddin Vs. State) under Section 67 of U.P. Land Revenue Code 2006 (Annexure 2 to the writ petition) and the order dated 27.10.2023 passed by respondent-2, Additional District Magistrate (Finance and Revenue), Maharajganj in Appeal No. 929 of 2023 (Shahabuddin Vs. Gaon Sabha) under Section 67 (5) of U.P. Revenue Code 2006 (Annexure 5 to the writ petition, whereby the appeal filed by petitioner against order dated 18.02.2023 has been dismissed.
4. Present writ petition came up for admission on 19.01.2024 and this Court passed the following order:
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
The court affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
Damages awarded for illegal possession must be substantiated by evidence; failure to prove the Halka Lekhpal's report renders the damages arbitrary.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Possession of public utility land does not confer rights; damages must be calculated according to legal standards.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
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