RAMVIR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Dwijendra Prasad, learned counsel for the petitioner and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State- respondents.

(2.) The instant petition has been filed for the following reliefs:

(3.) Brief facts of the case are that petitioner filed a suit under Sec. 229B of U.P.Z.A. and L.R. Act for declaration that the petitioner be declared bhumidhar with transferable right in respect to plot no.638, 736, 762, 774, total four plots area 1.234 Hectare. On the basis of possession, State has filed written statement in the aforementioned suit. Trial Court vide ex-parte judgment and decree dtd. 7/1/2013 decreed the plaintiff's suit. On 18/1/2013, State filed an application under Order 9 Rule 13 of Code of Civil Procedure for setting aside the ex-parte judgment and decree dtd. 7/1/2013. Trial Court vide order dtd. 18/1/2013 allowed the application dtd. 18/1/2013 filed by State setting aside the ex-parte judgment dtd. 7/1/2013 and restored the suit for fresh decision on merit. Petitioner challenged the order dtd. 18/1/2023 through revision before Commissioner which has been dismissed vide order dtd. 29/4/2023, hence this writ petition on behalf of petitioner challenging the orders dtd. 29/4/2023 and 18/1/2023.