SHIVNATH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Anil Bhushan, learned Senior Counsel assisted by Mr. Abhishek Bhushan, Counsel for petitioners and Mr. Mangla Prasad Rai, learned Senior Counsel assisted by Mr. Ashok Kumar Rai for respondent nos. 4 to 6 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents. Respondent nos. 7 to 18 are stated to be proforma respondents, as such, notice to respondent nos. 7 to 18 are dispensed with.

(2.) The writ petition is being heard and disposed of finally with the consent of the learned Counsel for the parties without inviting counter-affidavit.

(3.) Brief facts of the case is that respondent no.4 filed an application dtd. 29/8/2014 under Sec. 33/39 of U.P. Land Revenue Act impleading State of U.P. as opposite party with the prayer to expunge the name of petitioners from Arazi No. 1052 area 0.134 hectare situated at Village- Akhari, Pargana- Kaswar Raja, Tehsil- Sadar, District- Varanasi. The aforesaid application filed by respondent no.4 was registered as case No. 9582 of 2016, Computerized case No. T20161470019582 under Sec. 31/32 of U.P. Revenue Code, 2006 before respondent no.3/ Sub-Divisional Magistrate, Sadar, Varanasi. A report was submitted on 20/6/2015 by Lekhpal and a report was submitted on 26/6/2015 by Revenue Inspector as well as Naib Tehsildar and Tehsildar have also submitted their report on 18/3/2016/ 10/2/2018 in the aforementioned proceedings. Respondent no.3 heard the aforementioned case and vide his order dtd. 17/2/2018 expunged the petitioners' entry. Petitioners filed an appeal No. 00682 of 2021, Computerized case No. C202114000000682 under Sec. 38 (4) of U.P. Revenue Code, 2006 against the order dtd. 17/2/2018, the aforementioned appeal filed by petitioners was dismissed as not maintainable by respondent no.2/ Additional Commissioner vide order dtd. 13/4/2023 hence this writ petition on behalf of petitioners challenging the orders dtd. 17/2/2018 passed by respondent no.3 and 13/4/2023 passed by respondent no.2.