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SAURABH LAVANIA
Mohd. Aslam – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Revenue, Lucknow – Respondent
JUDGMENT :
(Saurabh Lavania, J.)
1. Heard Sri Manoj Kumar Yadav, learned counsel for the petitioner, Sri Badrish Kumar Tripathi, learned counsel for the State and Sri Vikram Dutt Pandey, Advocate holding brief of Sri Pankaj Gupta, learned counsel for the Gaon Sabha concerned.
2. Under challenge is the order dated 15.05.2023 passed by the respondent No.2-District Magistrate/Collector, District-Bahraich, in the proceedings carried out against the petitioner under Section 67(5) of the U.P. Revenue Code, 2006 (in short "Code of 2006") registered as Case No. 535 of 2023, Computerized Case No. D202308150000535 (Aslam vs. Gaon Sabha) and the order dated 26.06.2021 passed by the respondent No.4-Tehsildar, Tehsil-Kaisarganj, District-Bahraich in a Case No. T201408150300002 instituted under Section 122-B of U.P. Zamindari Abolition & Land Reforms Act, 1950 (in short "Act of 1950") has also been challenged.
3. By the order dated 26.06.2021 the respondent No.4 directed the revenue official concerned to evict the petitioner from Gata No. 930/0.010 hect.
4. A challenge has been made to the impugned order dated 26.06.2021 on the ground that the procedure, which ought to have been followed by the r
Procedural compliance is essential in eviction proceedings to ensure fairness and transparency, as established by prior judgments.
Procedural compliance is essential in eviction orders to ensure transparency and protect rights, as established under U.P. Zamindari Abolition and Land Reforms Act.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The main legal point established in the judgment is that when an order for ejectment and damages has attained finality, and the party against whom the order was passed has not taken any steps to chal....
The judgment establishes the importance of considering the rights and protections provided to agricultural laborers belonging to Scheduled Castes and Scheduled Tribes under Section 122-B(4-F) of the ....
Point of law: A bare reading of sub-section (5) shows that any ‘person’ may be the ‘party’ or may not be a party can maintain an appeal if he is aggrieved from the order of the Assistant Collector un....
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
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