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IN THE HIGH COURT OF ALLAHABAD
Jaspreet Singh
Mohd. Juber – Appellant
Versus
State of U.P. – Respondent
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 convenience the facts are being noticed from Writ-C No.3041 of 2024.
4. The parties are at consensus that the orders impugned arise from the proceedings initiated by the State-respondents under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as 'the Code, 2006'), wherein by means of the order dated 30th June, 2023 an order of eviction was passed against the petitioners of the respective petitions. The said petitioners filed separate appeals against the order dated 30th June, 2023 and all the five appeals were also dismissed by means of the order dated 07.03.2024, wh
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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