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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Bhupendra Kumar Singh – Appellant
Versus
Sub Divisional Officer, Sadar, Pratapgarh – Respondent
| Table of Content |
|---|
| 1. representation of parties before the court (Para 1 , 2) |
| 2. challenge to prior orders and context of hearings (Para 3) |
| 3. background of prior proceedings under u.p. revenue code (Para 4 , 5 , 12) |
| 4. irregularities in judicial proceedings noted (Para 6 , 7 , 18) |
| 5. discrepancies in order-sheets and their implications (Para 8 , 9 , 10 , 11 , 14) |
| 6. issues with judicial procedures and delays (Para 15 , 16 , 17 , 19) |
| 7. reinstatement of proceedings due to flawed order (Para 21 , 22) |
| 8. call for systemic reform in revenue courts (Para 23 , 24 , 25) |
| 9. final decision on petition and imposition of costs (Para 26) |
JUDGMENT :
Jaspreet Singh, J.
1. Heard Shri Amar Nath Dubey, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Pankaj Gupta, learned counsel for the Gaon Sabha. Shri Ravi Shankar Mishra, learned counsel has put in appearance on behalf of the contesting private respondents no.3.
2. In furtherance of the order dated 04.12.2024, Shri Shailendra Kumar Verma, Sub Divisional Magistrate, Sadar, District Prathagarh is present before the Court alongwith the original record.
3. The order dated 04.12.2024 is being reproduced hereinafter to
Judicial proceedings must follow prescribed procedures; failure to document and hear parties leads to invalid orders, undermining public trust in the justice system.
Judicial integrity must be maintained through consistency in orders, and manipulation of judicial records undermines the rule of law and public confidence.
The court ruled that an ex parte order requires a recall application to be maintainable, emphasizing the need for parties to be heard before any interim orders are issued.
An order passed without issuing notice to involved parties and without condoning delay is jurisdictionally incorrect, violating principles of procedural fairness.
The court emphasized the necessity of providing all parties an adequate opportunity to be heard in judicial proceedings, ruling that procedural irregularities render decisions unsustainable.
Orders must adhere to principles of natural justice, and failure to do so renders them invalid.
A suit for declaration under Section 144 of the U.P. Revenue Code cannot be decided without framing issues and allowing evidence, and orders passed without jurisdiction are nullities.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
The court emphasized that orders affecting rights must follow due process, ensuring fair opportunity for all parties before any decision is made.
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