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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Lions School Lal Diggi West Road City Mirzapur – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Chandra Kumar Rai,J.
1. Heard Sri Sanjeev Singh, learned counsel for the petitioner, Sri M.N. Mishra, learned Additional Chief Standing Counsel for the State and Sri Pradeep Singh, learned counsel for the respondent no. 4-Gaon Sabha.
2. Respondent no. 5 is vendor of the petitioner, who is not represented by Counsel. The instant writ petition arises out of proceeding under Section 31 /32 of U.P. Revenue Code, 2006, as such State and Gaon Sabha are necessary parties, who are represented by learned counsel. One of the issue raised in the matter is violation of principle of natural justice, as such the matter should be disposed of finally without inviting counter affidavit.
3. Brief facts of the case are that Arazi No. 1800 Cha minjumla (old no. 1548 minjumla) area 0.7590 hectare situated at Village-Barkachha Kalan, Tappa-84, Pergana-Kantit, Tehasil-Sadar, District-Mirzapur was leased out to one Indrajeet son of Kalau and Indrajeet was accordingly recorded in the revenue record initially as bhumidar with non-transferable rights and later on as bhumidhar with transferable rights. Petitioner (an educational institution) had purchased Arazi No. 1800 Cha (old no. 1548 minjumla) area
Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
A recorded tenure holder must be afforded an opportunity of hearing before their entry is expunged under the U.P. Land Revenue Act, affirming the principles of natural justice.
The principles of natural justice require that a recorded tenure holder must be afforded an opportunity to be heard before their rights to land are altered or cancelled.
Proper issue framing and evidence assessment are essential in land rights claims; failure to do so necessitates remand for lawful adjudication.
The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting pro....
The mutation application based on an unchallenged sale deed cannot be dismissed in summary proceedings, affirming the Board of Revenue's review authority under the U.P. Land Revenue Act.
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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