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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Mahendra Pal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard learned counsel for the petitioners, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sher Bahadur Singh, learned counsel for Gaon Sabha.
2. With the consent of learned counsel for the parties the writ petition is heard finally without inviting counter affidavit.
3. The brief facts of the case are that petitioners' mother was recorded over plot No. 236 area 1/1 situated at village-Behati, Dehjagir Tehsil & District Bareilly. An order for ejectment and damages has been passed by Tehsildar Bareilly against the petitioners on 27.07.2024 in the proceeding under Section 67 of U.P. Revenue Code, 2006. An appeal under Section 67 (5) of U.P. Revenue Code, 2006 filed by petitioner against the order dated 27.07.2024 has been dismissed by Collector under the impugned order dated 15.10.2024. Hence this writ petition on behalf of petitioner for following relief:-
"a. Issue a writ, in the nature of certiorari to quash the impugned order dated 27.07.2024 passed by Assistant Collector/Tehsildar (Sadar) Bareilly, in Case No. 395 of 2023 under Section 67 of U.P. Revenue Code and order dated 15.10.2024 passed b
Judicial procedures must ensure proper hearing before ejectment under the U.P. Revenue Code, emphasizing transparency and adherence to statutory guidelines.
Orders of ejectment and damages must adhere to natural justice principles, ensuring proper consideration of objections and conducting necessary surveys before enforcement.
Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.
Eviction upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
The court emphasized that delays in filing appeals should be condoned to ensure substantial justice, overriding technical limitations.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
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