ARUN KUMAR AGARWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Arvind Srivastava Counsel for the petitioner and Mr. N.L. Pandey, learned Counsel assisted by Mr. K.C. Pandey, learned counsel for respondent No.4.

(2.) Brief facts of the case are that dispute relates to minjumla plot No. 165 total area 4.932 hectare situated in Village-Chakghambira, Pargana-Sakteshgarh, Tehsil-Chunar, District-Mirzapur. Petitioner purchased 0.759 hectare of plot No. 165M on 1/8/1998 through registered sale-deed executed by recorded tenure holder Gyan Singh and Awadh Narayan accordingly name of petitioner was recorded in the revenue records. Respondent No.4 has also purchased 0.7600 hectare area of plot No. 165M through registered sale-deed executed on 3/3/2017 by Mohammad Abdul Tahir as well as 0.5060 hectare area of plot No. 165 M through registered sale-deed executed on 4/3/2017 by Mangla Giri. Out of total area 4.932 hectare of plot No. 165 M 2.5290 hectare is reserved for forest department and 0.1780 hectare is reserved for rural forestry, the remaining area i.e. 2.2248 hectare belongs to petitioner, respondent No.4 as well as respondent Nos. 5 and 6, respondent No.4 filed an application under Sec. 24 of U.P. Revenue Code, 2006 on 13/10/2020 in respect to plot No. 165 M, the Sub-Divisional Magistrate vide order dtd. 2/2/2021 decided the application/ case under Sec. 24 of U.P. Revenue Code, 2006 filed by respondent No.4. Petitioner filed recall application to recall order dtd. 20/2/2021 which was allowed vide order dtd. 24/2/2021 setting aside the order dtd. 2/2/2021 and case under Sec. 24 of U.P. Revenue Code was restored to its original number .

(3.) Petitioner instituted a civil Suit No. 79 of 2021 for permanent prohibitory injunction impleading respondent No.4 as one of the defendant in which temporary injunction has been granted by Civil Court on 4/3/2021, the aforementioned civil suit is still pending between the parties before Civil Court.