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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Lavania,J.
Kanti Devi – Appellant
Versus
State Of Up Thru. Prin. Secy. Deptt. Of Revenue, Lko. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges conditions imposed by sub-divisional magistrate. (Para 2 , 3) |
| 2. court considers relevant statutory provisions for decision. (Para 4 , 5) |
| 3. court finds failure in applying statutory provisions. (Para 6) |
| 4. order set aside, petition allowed with no costs. (Para 7 , 8) |
1. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned State Counsel and perused the material available on record.
1. Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned State Counsel and perused the material available on record.
2. By means of the present petition, the petitioner has assailed the order dated 23.07.2024 passed by Sub-Divisional Magistrate- Bahraich to the extent of condition(s) imposed therein while exercising power under Section 80 of U.P. Land Revenue Code, 2006 (in short 'Code') in the case registered as Computerized Case No.T802024028697, instituted by the petitioner- Kanti Devi.
The operative portion of the order dated 23.07.2024 reads as under.
3. The underline portion of operative portion of order dated 23.07.2024, quoted above, is in issue before this Court as also was the issue before the opposite party no.2 -Add
Conditions imposed under Section 80 of the U.P. Land Revenue Code must align with statutory provisions, and failure to do so results in a lack of legal authority.
The court upheld the rejection of the petitioners' application for land declaration due to lack of prior permission, emphasizing the importance of notification dates and authority discretion under th....
The U.P. Revenue Code, 2006 applies to areas under Nagar Panchayats, and the availability of a statutory alternative remedy precludes the entertainment of a writ petition.
The main legal point established in the judgment is that the first appeal under Section 207 of the U.P. Revenue Code-2006 cannot be filed against an order passed under Section 24, and the appeal can ....
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