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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Anand Prakash Singh – Appellant
Versus
State Of U.P Thru. Prin. Secy. Deptt. Of Revenue Lko. – Respondent
JUDGMENT :
Jaspreet Singh, J
1. Heard learned counsel for the petitioner as well as the learned Standing Counsel for the State-respondents.
2. This is one yet another case where complete lethargy, unmindfulness and laxity on behalf of the State-Authorities in discharge of their judicial/quasi-judicial functions has come to light.
3. The petitioner had filed the instant petition seeking direction in the nature of mandamus commanding the respondents to register and decide the case of demarcation filed by the petitioners on 18.08.2022 under Section 24 of the U.P. Revenue Code, 2006.
4. At the outset, it may be noticed that the basic prayer of the petitioner was to get a case registered which in itself was alarming.
5. Any person who wants the demarcation of his land holding can invoke Section 24 of the U.P. Revenue Code, 2006. Section 24 is a substantive provision and it vests power in Sub Divisional Magistrate to exercise judicial and quasi-judicial powers to adjudicate the case and decide it in accordance with law. Relevant Rules have also been framed and the provision of Section 24 of the U.P. Revenue Code, 2006 and Rule 22 framed thereafter are being reproduced hereinafter:-
“24.
State authorities must adhere to statutory timelines for adjudication to prevent denial of justice and ensure prompt legal redress.
Judicial officers must uphold promptitude and integrity, as failure to register cases and comply with court orders constitutes dereliction of duty.
The failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
The principles of natural justice require proper notice and opportunity to be heard before decisions affecting rights are made; failure to comply invalidates proceedings.
The main legal point established in the judgment is that the first appeal under Section 207 of the U.P. Revenue Code-2006 cannot be filed against an order passed under Section 24, and the appeal can ....
Point of Law : Words “a notice to all persons known or believed to be interested to the effect that the registry will be made” assumes importance in the present case. According to the petitioner, no ....
The court emphasized that quasi-judicial authorities must adhere to procedural integrity, and any order based on false representations is void.
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