MANOJ KUMAR PARASHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Kumar Mishra, counsel for the petitioner and Sri Anil Kumar Sharma, counsel for the respondent no.3.

(2.) The petitioners have preferred present petition inter-alia with the following prayer :-

(3.) The facts in brief as contained in the petition is that the dispute is regarding the property bearing Khasra plots No. 134-A measuring 2 bighas 11 biswas 9 biswansis and 7 kachwansis and plot no.134-B measuring 4 bighas 11 biswas and 10 biswansis equivalent to 16495.8015 sq. meter situated in Village Tora, Tehsil and District Agra and the petitioners are owner of the land in question, which is clear from fasli year 1422-27, i.e., for the year 2015-20. The competent authority has declared the above mentioned land in question as surplus/excess land under Section 8(4) of the Urban Land (Ceiling and Regulation) Act, 1976 in Case No.4955/3605 of 1976-77 on 5.6.1980. Aggrieved against the order dated 5.6.1980, the father of the petitioners filed Misc. Appeal No.487 of 1985 (Babulal Vs. State of U.P. and others) under Section 33 of the U.P. Urban Land (Ceiling and Regulation) Act, 1976. The said misc. appeal was dismissed in default. Against the order of dismissal petitioners filed the restoration application no.4ga, which was registered as Misc. Case No.235 of 2006 (Krishna Kumar Parashar & others Vs. State of U.P. and others). The aforesaid restoration application was admitted and notice was issued to the opposite parties and 18.07.2006 was date fixed for objection and disposal by the District Judge, Agra. Mr. Anup Kumar executed power of attorney on 29.01.2016 in the name of Gaurav Parashar for 1/4 part of the land in question. On the basis of power of attorney the Gaurav Parashar on 30.01.2016 executed registered sale deed in the name of Vikas Jain for the land in question. Manoj Kumar executed alleged power of attorney on 24.06.2016 in the name of Ashish Upadhay which was registered on 02.07.2016 for 1/3rd part of khata no.84 khasra no.134 area 0.1040 hectare and khata no.92 khasra no.134 area 1.6480 hectare. On the basis of alleged power of attorney Ashish Upadhaya on 4.7.2016 executed registered sale deed in the name of Vikas Jain for the land in question. On 23.04.2019 respondent no.3 filed an application no.158-ka supported with an affidavit no.159ka under Order 1 Rule 10 read with Order 22 Rule 10 and Section 151 CPC in Misc. in Case No.235 of 2006 for impleading them as party as applicant/appellant no.3. On 26.4.2019 petitioners filed reply 174C to the impleadment application dated 23.4.2019 and submitted that petitioners have never executed any power of attorney and never authorized anyone to sell or otherwise deal with their share in the land in question and denied the execution of power of attorney dated 29.01.2016 and 24.06.2016 and also denied the execution of sale deeds dated 30.01.2016 and 04.07.2016 and therefore the impleadment application is not legally maintainable and is liable to be quashed. The private respondent has given the reply. The District Judge, Agra allowed the impleadment application no.158-ka of respondent no.3 on 18.01.2020.