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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Ram Sewak – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Siya Ram Sahu, learned counsel for the petitioner, Mr. Anshul Nigam, learned Standing Counsel for the State-respondents and Mr. Achal Singh, learned counsel for the respondent- Gaon Sabha.
2. Brief facts of the case are that the proceeding under Section 67 of U.P. Revenue Code, 2006 has been initiated in respect to the plot no.786 situated at Village-Tindwara, Tahsil & District- Banda. Tahsildar vide order dated 27.2.2023 passed the order for ejectment in respect to the plot no.786 against the petitioner as well as imposed damages of Rs.2,43,000/- against the petitioner. Against the order of Tahsildar dated 27.2.2023, appeal under Section 67 (5) of U.P. Revenue Code, 2006 was filed on behalf of the petitioner before the Collector / respondent no.2 which was dismissed vide order dated 23.8.2024, hence this writ petition for the following reliefs:
"i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.8.2024 passed by respondent no.2 i.e. District Magistrate/ Collector, Banda in Appeal No.458 of 2024 (Computerized Case No.D202407110000458) (Ram Sewak Vs. Gaon Sabha and Another), under Sectio
Orders of ejectment and damages must adhere to natural justice principles, ensuring proper consideration of objections and conducting necessary surveys before enforcement.
Judicial procedures must ensure proper hearing before ejectment under the U.P. Revenue Code, emphasizing transparency and adherence to statutory guidelines.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.
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 upheld for illegal possession of public land, but damages quashed due to lack of justification and procedural errors by the appellate authority.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
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