LAWS(ALL)-2023-5-194

BRIJESH KUMAR DUBEY Vs. STATE OF U. P.

Decided On May 19, 2023
Brijesh Kumar Dubey Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Radhey Krishna Pandey, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel appearing for the State respondents and Sri Awadhesh Kumar Mishra, learned counsel appearing for the respondent Nos. 7 and 8.

(2.) Counsel for the petitioner has confined his relief to a challenge to the order dtd. 23/8/2022 passed by the Sub Divisional Magistrate, Sadar, Mirzapur/respondent No. 3 whereby the restoration application filed by the petitioner registered as Case No. RST/01001/2019, in proceedings under Sec. 144 of the U.P. Revenue Code, 2006, has been rejected.

(3.) As per pleadings in the writ petition, the petitioner claims to have purchased certain land parcels by means of a sale deed dtd. 24/6/2019 and his name was also mutated in the revenue records in terms of an order dtd. 9/1/2019. Thereafter, upon coming to know with regard to pendency of a declaratory suit filed by the respondent Nos. 7 and 8 in respect of the said land, an impleadment application dtd. 26/9/2019 was filed, which was dismissed for want of prosecution by an order dtd. 19/2/2020. The restoration application filed thereagainst was also rejected by an order dtd. 30/12/2020.