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SAURABH LAVANIA
Gagan Mishra – Appellant
Versus
State Of U. P. Thru. Secy. Deptt. Of Revenue, Lucknow – Respondent
JUDGMENT :
(Saurabh Lavania, J.)
1. Heard Sri A.Z. Siddiqui, learned counsel for the petitioner, Sri Hemant Kumar Pandey, learned State counsel appearing for the respondent Nos. 1 to 3 and Sri Dilip Kumar Pandey, learned counsel appearing for the respondent No. 4/Gaon Sabha concerned.
2. By means of this petition, the petitioner has assailed the order dated 06.12.2023, as contained in Annexure Nos. 1 & 12 to this petition.
3. Brief facts of the case are to the effect that the petitioner instituted a suit under Section 116 of U.P. Revenue Code, 2006 (in short "Code of 2006"), registered as Case No. 10483/2019, Computerized Case No. T201910330110483 (Gagan Mishra vs. Gaon Sabha), with regard to Gata No. 843M area 0.5690 Hectare situated at Village-Nanakganj Grant, Pargana-Gopamau, Tehsil and District-Hardoi in the month of October, 2019.
4. The respondent No. 3/Sub-Divisional Officer, Sadar, District-Hardoi decided the case in favour of petitioner on 18.02.2020. The relevant portion of the order dated 18.02.2020 on reproduction reads as under:-
^^[krkSuh ds voyksdu ls Li"V gS fd [krkSuh esa i{kksa ds ;Fkksfpr va'k jdck fofuf'pr gSA bl dkj.k izkjfEHkd fMdzh ikfjr fd;s tkus dh vko';drk u
A partition suit under Section 116 of the U.P. Revenue Code is not maintainable if the petitioner is the sole recorded owner of the land.
The court emphasized that quasi-judicial authorities must adhere to procedural integrity, and any order based on false representations is void.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Appellate courts must provide reasoned judgments addressing all grounds raised in appeals to ensure justice and proper application of law.
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....
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
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