PARMESHWAR Vs. COMMISSIONER, DEVIPATAN MANDAL, GONDA

JUDGEMENT

(1.) Heard Shri Surya Narayan Mishra, learned counsel for the petitioner, Shri Hemant Kumar Pandey, learned State Counsel for State-opposite party Nos. 1 to 3, Shri Vikram Nath Pandey, Advocate on behalf of Shri Pankaj Gupta who has put in appearance on behalf of opp. party No. 4 and Shri Karunakar Srivastava, learned counsel for opp. party No. 6.

(2.) Brief facts of the case are to the effect that undisputedly the petitioner being co-sharer of Gata Nos. 489/1-03, 229/0-10, 234/0-17 (in short 'land in issue') situated at Village Udaypur Grant, Pargana Nawabganj, Tehsil Tarabganj, District Gonda, is having 1/3 share and in regard to land in issue a suit No. 19 of 2001 under Sec. 176 of U.P.Z.A. and L.R. Act, 1950 (in short 'Act of 1950') was instituted before opposite party No. 2/Up-Ziladhikari, Tehsil Tarabganj, District Gonda for partition and in the suit a preliminary decree was prepared in terms of the order dtd. 4/5/2005 and thereafter an application for appointment of Commission was preferred by petitioner on 1/4/2009 and the Lekhpal concerned prepared report dtd. 22/2/2010 i.e. a proposal of division of land in issue (Kurra Chittha and map) and the same was submitted on 11/8/2010 before the opposite party No. 2 and this report dtd. 22/2/2010 was confirmed by opposite party No. 2 on 7/6/2017.

(3.) After the aforesaid, an application for restoration of case was moved by the opposite party No. 8-Narendar (alleged to be moved by the petitioner and opposite party No. 8), which was not pressed as is evident from impugned order dtd. 25/8/2022 and is apart from the application dtd. 2/2/2022 preferred by the opposite party No. 8 (Annexure No. 8 to this petition) against which the petitioner preferred an objection dtd. 9/2/2022.