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ASHUTOSH SRIVASTAVA
Saudagar Rajbhar – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Ashutosh Srivastava, J.
1. Heard Shri Rohit Kumar Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State Respondents Nos. 1 to 3. Shri Bhupendra Kumar Tripathi, learned counsel, who has put in appearance for the Respondent No. 4.
2. The instant writ petition arises out of proceedings undertaken under Section 67 of the U.P. Revenue Code, 2006 and is directed against the order dated 30.01.2024 passed by the Respondent No. 2, Additional District Magistrate (Finance & Revenue)/Additional Collector, Ghazipur in Restoration Application in Case No. 72 of 2024 (Saudagar Vs. Gaon Sabha), under Section 67(5) of the U.P. Revenue Code, 2006 and order dated 05.01.2024 passed by the Respondent No. 3, Tehsildar (Judicial)/Assistant Collector 1st Class, Tehsil Mohammadabad, District Ghazipur in Case No. 1707 of 2023 (Saudagar Vs. Gaon Sabhad and Others), under Section 67 (5) of U.P. Revenue Code, 2006 as well as order dated 19.05.2022 passed by Respondent No. 3, Tehsildar (Judicial)/Assistant Collector 1st Class, Tehsil Mohammadabad, Ghazipur in Case No. 4549 of 2021 (Gaon Sabha Vs. Saudagar), under Section 67 of U.P. Revenue Code, 2006.
3. It is the
Procedural fairness is essential in eviction proceedings; failure to address specific grounds in appeals and adhere to established guidelines violates due process.
Restoration of proceedings under Section 67A(1) of the U.P. Revenue Code requires proper opportunity for hearing to all parties involved.
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
Orders of ejectment and damages must adhere to natural justice principles, ensuring proper consideration of objections and conducting necessary surveys before enforcement.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Judicial procedures must ensure proper hearing before ejectment under the U.P. Revenue Code, emphasizing transparency and adherence to statutory guidelines.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
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