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IN THE HIGH COURT OF ALLAHABAD
Jaspreet Singh
Mohd. Juber – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. imposition of eviction based on section 67 of the code, 2006. (Para 3 , 4 , 5 , 6) |
| 2. petitioners argue lack of proper proceedings initiation. (Para 7 , 8 , 9) |
| 3. claims of improper handling of evidence by state. (Para 10 , 11 , 12) |
| 4. court's examination of lekhpal's report skepticism. (Para 17 , 18 , 19) |
| 5. guidelines from previous judgment for proceedings under u.p. revenue code. (Para 20 , 21 , 22) |
| 6. orders quashed due to procedural noncompliance. (Para 23 , 24 , 25) |
| 7. resulting judgment allows writ petitions and sets out further proceedings. (Para 26 , 27 , 28 , 29) |
JUDGMENT :
Jaspreet Singh, J.
1. Supplementary affidavit filed by learned counsel for the petitioner is taken on record.
2. Heard Shri Ravi Shankar Tiwari along with Shri Hemant Kumar Mishra, learned counsel for the petitioner, Shri Upendra Singh, learned Standing Counsel for the State-respondents and Shri Pankaj Gupta, learned counsel for respondent No.4.
3. This order shall decide the five connected cases, i.e., writ petition bearing (i) Writ-C No.3041 of 2024, (ii) Writ-C No.3025 of 2024, (iii) Writ-C No.3036 of 2024, (iv) Writ-C No.3040 of 2024 and (v) Writ-C No.3042 of 2024. However, for the sake of
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
The court emphasized adherence to procedural guidelines in land encroachment cases, ruling that arbitrary orders lacking proper evidence and consideration must be quashed.
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