KAMLA SHANKAR DUBEY Vs. STATE OF UP

JUDGEMENT

(1.) Learned Counsel for the petitioner is permitted to make necessary correction, in the array of the parties as well as in the prayer clause of the writ petition during the course of the day.

(2.) Heard Sri Ratan Kumar Mishra, learned counsel for the petitioner, Sri Hari Om Singh, learned standing counsel for the state-respondents and Sri Pradeep Singh, learned counsel for the respondent-gaon sabha.

(3.) Brief facts of the case are that order dtd. 17/3/2023 under Sec. 67 of the U.P. Revenue Code, 2006 was passed against the petitioner for ejectment in respect to plot No. 1162, area 0.389 hect., treating the petitioner to be in possession over the plot in question as well as imposition of damages against the petitioner. Against the order dtd. 17/3/2023, petitioner filed an appeal under Sec. 67(5) on 17/6/2023 alongwith prayer for condonation of delay before the Collecter Bhadohi, which was dismissed for non-prosecution on 21/6/2024. Restoration application dtd. 19/7/2024 filed by petitioner against the order dtd. 21/6/2024 has not been allowed rather entire appeal has dismissed on the ground of limitation vide order dtd. 12/8/2024. Hence, the instant writ petition for the following relief:-