RAJEEV MISRA
Umesh Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Rajesh Kumar Singh, the learned counsel for petitioner, the learned Standing Counsel representing respondents 1, 2, 3 and Mr. D.S. Pandey, the learned counsel representing respondent 4 .
2. Perused the record.
3. Challenge in this writ petition is to the order dated 30.12.2020 passed by respondent 3 Tehsildar/Assistant Collector Ist Class, Tehsil Sadar, District Mau in Case No. 02973 of 2020 (Report Vs. Umesh Singh) under Section 67 of U.P. Revenue Code 2006 (Annexure 2 to the writ petition) and the order dated 31.10.2023 passed by respondent Collector/District Magistrate, Mau in Appeal No. 35 of 2023 (Umesh Singh Tehsildar), under Section 67 (5) of U.P. Revenue Code, 2006 (Annexure 1 to the writ petition).
4. Record shows that the Halka Lekhpal submitted his report dated 2.3.2020 (R.C. Form 19) alleging therein that petitioner is in illegal possession and occupation over Survey Plot No. 1 area 0.023 hectare which is recorded as a nala in the revenue record. After submission of aforesaid report, proceedings under Section 67 of the U.P. Revenue Code 2006 came to be registered against petitioner by way of Case No. 2973 of 2020 (Report Lekhpal Vs. U
Eviction upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
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.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
Possession of public utility land does not confer rights; damages must be calculated according to legal standards.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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