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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Hon'ble Irshad Ali,J.
Shiv Balak Singh – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
Irshad Ali, J.
1. Supplementary affidavits filed by both the parties are taken on record.
2. Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Sri Mohd. Aslam Khan, learned counsel for the petitioners and Sri Shatrughan Chaudhary, learned Additional Chief Standing Counsel for the State-respondent.
3. In spite of notice to the respondents, no one appeared on behalf of respondent Nos.3 to 5.
4. By means of the present writ petition, the petitioners have challenged the order dated 6.9.1994 contained as Annexure-1 to the writ petition. It is further prayed to issue a writ or direction in the nature of mandamus thereby commanding the respondents not to implement the impugned order dated 6.9.1994 and further they be restrained from proceeding anymore.
5. Factual matrix of the case is that the petitioners have been in physical possession over the plot No.5053 measuring 3 bighas 8 biswa and plot No.5054 measuring 3 bighas 7 biswa since the period of zamindari, however, their names were not recorded in the records of Unnao. When the consolidation proceeding started in the village, during partal, the petitioners were found in physical possession over the aforesaid plots in
The court held that procedural irregularities cannot undermine established substantive rights, affirming the petitioners' status as Bhumidars with transferable rights.
The Board of Revenue's judgment setting aside trial court findings was arbitrary, lacking proper legal basis and factual consideration, thus the trial court's decree was affirmed.
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
Point of law: opinion Section 8 is not attracted in the case of leases of land where the purposes of the leases is to use the land for the purpose of agriculture, horticulture, pisciculture etc. It i....
The main legal point established in the judgment is the importance of following the mandatory procedures for recording possession in land records and the requirements for adverse possession.
Summary proceedings under the U.P. Land Revenue Act cannot expunge long-standing land entries; proper judicial recourse is required for ownership disputes.
The established rights of a party should not be undermined by arbitrary state actions or prolonged restoration proceedings, especially when prior orders have not been set aside.
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