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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL
Mohan Lal Srivastava – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Rohit Ranjan Agarwal,J.
1. These bunch of writ petitions arise out of proceedings initiated under Section 67 of U.P. Revenue Code, 2006 (hereinafter referred as the ‘Code of 2006’) for evicting petitioners from the land of Gaon Sabha. The order passed under Section 67 (1) of the Code of 2006 was subjected to appeal under Section 67 (5) which confirmed the order of eviction leading to filing of the present writ petitions.
2. The issue raised in all the connected matters are one and the same and related to the same village and, as such, all the matter have been tagged together and with the consent of learned counsel for the parties all the writ petitions are being heard together and decided by a common judgment/order.
3. Facts, in brief, of the leading writ petition being Writ-C No. 719 of 2022, are that dispute relates to old Khasra No. 137, which has been renumbered in consolidation proceedings as Khasra No. 1275 situated in Village Bhaluhi Madari Patti, Tappa Mainpur, Pargana Sidhua Jobna, Tehsil Kasaya, District Kushinagar. Petitioners claim the land to be of abadi nature and in possession since the time of their ancestors. After the enforcement of U.P. Act No. 1 of
A claim for land under Sections 9 and 67-A must demonstrate legal possession; mere assertion without proof does not warrant legal entitlement or protection against eviction.
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
The court reinforced that administrative decisions must consider ongoing civil proceedings and legal injunctions, ensuring maintainability assessments align with established legal provisions.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
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 ....
Under U.P. Revenue Code, 2006, Section 65 empowers Sub-Divisional Officer to restore possession of allotted residential plot to scheduled caste landless labourer against encroachers even post-initial....
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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