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IN THE HIGH COURT OF ALLAHABAD
SAURABH LAVANIA
Ashok @ Ashok Kumar – Appellant
Versus
District Magistrate/ Collector, Hardoi – Respondent
| Table of Content |
|---|
| 1. challenge to impugned orders based on procedural missteps. (Para 2 , 4 , 5) |
| 2. citing established procedures for eviction. (Para 6 , 7 , 9) |
| 3. importance of adhering to procedural laws. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. petition allowed; orders set aside and remand issued. (Para 16 , 17) |
JUDGMENT :
Saurabh Lavania,J.
1.Heard learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned Standing Counsel and Sri Dilip Kumar Pandey, learned counsel for the Gaon Sabha.
2.The present petition has been filed for the following main reliefs:-
"Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 30.9.2024 passed by opposite party No. 1 i. e. District Magistrate / Collector, Hardoi in Case No. 571 of 2024, computerized case No.D202410330000571, under Section-122-B (4A) of U.P. Z.A. & L.R. Act, Ashok alias Ashok Kumar Versus Gram Panchayat and another as well as impugned order dated 4.2.2023 passed by the opposite party No. 2 i. e. Assistant Collector/Tehsildar, Sandila District-Hardoi in Case No. 41 of 2016, computerized Case No. T201610330405445, under Section 122 -B of U.P. Z.A. & L.R. Act, Gaon Sabha Versus Ashok which are
Procedural compliance is essential in eviction orders to ensure transparency and protect rights, as established under U.P. Zamindari Abolition and Land Reforms Act.
Procedural compliance is essential in eviction proceedings to ensure fairness and transparency, as established by prior judgments.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
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 ....
Point of law: A bare reading of sub-section (5) shows that any ‘person’ may be the ‘party’ or may not be a party can maintain an appeal if he is aggrieved from the order of the Assistant Collector un....
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
The main legal point established in the judgment is the requirement for the petitioners to submit relevant documents to establish their entitlement to the land in question under Section 105 of the Gu....
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
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