Back
JASPREET SINGH
Kisan Junior High School Thru. Manager Jang Bahadur Verma – Appellant
Versus
Deputy Director Of Consolidation, Ambedkar Nagar – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 3 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent No.4.
2. By means of the instant petition, the petitioner assails the impugned order dated 23.03.2021 passed in Revision No.878 (Kisan Junior High School, Pakari, Bhojpur vs. State of U.P. & Ors.) and order dated 20.08.2019 passed by SOC in Appeal No.0182/2019.
3. The controversy in question relates to the Plot No.867, which is recorded in the name of the petitioner-Institution. It is the case of the petitioner that on 20.05.1972, an order was passed by the Assistant Consolidation Officer, Tanda, Faizabad in respect of the Plot No.867 and Plot No.40(M) in terms whereof, the name of the petitioner-Institution was recorded in the revenue records. It is further the case of the petitioner that the aforesaid entries continued to be recorded in the revenue records, however, upon a complaint made by one Shri Baibhav Naresh on 31.07.2019 and an order was passed by the District Magistrate directing the D.G.C. (Revenue), Ambedkar Naga
The main legal point established in the judgment is that the principles of natural justice and fair play must be adhered to, and parties must be afforded an opportunity of hearing before their rights....
The principles of natural justice require that recorded tenure holders must be afforded an opportunity of hearing before their names are expunged from revenue records.
The central legal principle established in the judgment is the requirement of providing a post-order opportunity of hearing to the affected parties, as a violation of natural justice and fair play re....
Personal action dies with the death of the person on the maxim action personalis moritur cum persona. But this operates only in a limited class of actions Ex delicto, such as action for damages for d....
The central legal point established is the requirement to afford a post-order opportunity of hearing to the affected party, as a violation of natural justice renders the order invalid.
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
