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ASHUTOSH SRIVASTAVA
Brij Kumar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Ashutosh Srivastava, J.)
1. Heard Shri Kunal Shah, learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Shri Azad Rai, learned counsel for the respondent No. 7, the Land Management Committee concerned. Shri Sanjeev Kumar Tyagi, learned counsel has put in appearance on behalf of the private respondent No. 8.
2. The writ petition arises out of proceedings under Section 24 of the U.P. Revenue Code, 2006 and has been filed questioning the legality, propriety and correctness of the order dated 15.4.2024 passed by the Board of Revenue U.P. at Allahabad in Revision under Section 210 of the Revenue Code, 2006, order dated 14.3.2024 passed by the Commissioner, Prayagraj Division, Prayagraj in Appeal No. 00177 of 2021, under Section 24 (4) of the U.P. Revenue Code, 2006 as also the order dated 8.2.2021 passed by the Addl. Sub Divisional Magistrate, Tehsil Sadar, District Prayagraj in Case No. 06288 of 2020 under Section 24 of the U.P. Revenue Code, 2006.
3. By the order dated 8.2.2021 passed by the Sub Divisional Magistrate, Sadar, District Prayagraj in Case No. 06288 of 2020 under Section 24 of the U.P. Revenue Code, 2006, the objections preferr
The failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
The court emphasized that failure to provide notice and consider objections in administrative proceedings violates natural justice, allowing for judicial intervention despite alternative remedies.
The court held that failure to provide notice and opportunity for hearing in demarcation proceedings violated natural justice, rendering the ex parte orders illegal and subject to procedural recall.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
Parties accepting land demarcation via signed joint statement on spot cannot subsequently object or appeal, as Section 107(7) H.P. Land Revenue Act bars challenges when no objections raised during pr....
State authorities must adhere to statutory timelines for adjudication to prevent denial of justice and ensure prompt legal redress.
The court emphasized adherence to procedural guidelines in land encroachment cases, ruling that arbitrary orders lacking proper evidence and consideration must be quashed.
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