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IN THE HIGH COURT OF ALLAHABAD
CHANDRA KUMAR RAI
Bahau – Appellant
Versus
Board of Revenue U.P. at Lucknow – Respondent
| Table of Content |
|---|
| 1. facts surrounding the land entry dispute. (Para 3 , 4) |
| 2. arguments regarding lease and hearing rights. (Para 5 , 6) |
| 3. court's observations on procedural fairness. (Para 7 , 8 , 10) |
| 4. legal standards for opportunity of hearing. (Para 9 , 11 , 12) |
| 5. remand for fresh proceedings with hearing. (Para 13 , 14) |
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Mr. Ashwini Kumar Srivastava, learned counsel for the petitioners, Sri Pankaj Kumar Gupta, learned counsel for the respondent-gram sabha and Sri Jitendra Narain Rai, learned counsel for the state-respondents.
2. With the consent of learned counsel for the parties, the instant petition is being heard & disposed of finally without inviting counter affidavit.
3. Brief facts of the case are that the proceeding under Section 33 /39 of the U.P. Land Revenue Act has been initiated in respect to the petitioners' entry, i.e plot No- 247 M situated in village Tikari, Pergana- Maghar Paschim, Tehsil-Rushauli, District- Basti on the basis of the report dated 20.10.2013 submitted by lekhpal. The Sub Divisional Officer vide order dated 22.11.2013, expunged the petitioners' entry. Against the order dated 22.11.2013, passed by the Sub Divisio
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.
Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.
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.
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
Long-standing entries cannot be altered without providing notice and an opportunity to be heard, reinforcing the principle of natural justice.
The principles of natural justice require that recorded tenure holders must be afforded an opportunity of hearing before their names are expunged from revenue records.
Summary proceedings under the U.P. Land Revenue Act cannot expunge long-standing land entries; proper judicial recourse is required for ownership disputes.
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.
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