(1.) Heard Sri Piyush Shukla appearing along with Sri Shailendra Kumar Pandey, learned counsel for the petitioner, Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Shashank Shekhar Singh, Sri J.P.N.Raj, learned Additional Chief Standing Counsel and Sri Surya Bhan Singh, learned Standing Counsel for the State respondents, Sri Pankaj Kumar Gupta, learned counsel for the respondent no. 4 and Sri Shrawan Kumar Tripathi, learned counsel for the respondent no. 5.
(2.) The present petition has been filed seeking to assail the order dtd. 8/9/2021 passed by the Commissioner Basti, Division Basti/respondent no. 2 in an appeal filed under sub-sec. (4) of Sec. 24 of the U.P. Revenue Code, 2006 [the Code] being Appeal No. 00631/2020 and the earlier order dtd. 26/10/2019 passed by the Sub-Divisional Magistrate Tehsil Harraiya, District Basti/respondent no. 3 in Case No. 06482/2019 under Sec. 24 of the Code whereby the application of the respondent no. 5 under Sec. 24 of the Code has been allowed.
(3.) An objection with regard to the entertainability of the writ petition was raised on behalf of the State respondents by pointing out that the order passed in appeal under sub-sec. (4) of Sec. 24 of the Code is subject to the remedy of revision under Sec. 210 of the Code.
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