DINA NATH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard, Sri Nikhil Kumar, learned counsel for the petitioners, Sri Nandlal Maurya, learned standing counsel appearing on behalf of the respondent Nos. 1 to 4 and Sri Rakesh Singh, learned counsel appearing for the respondent No. 5.

(2.) The core dispute involved in the present writ petition is purely legal one that as to whether the appellate Court, without adverting to the question of Limitation as prescribed under Sec. 24(4) of the U.P. Revenue Code, 2006, could have admitted and allowed the time-barred appeal vide order dtd. 26/4/2023 and the impugned order dtd. 17/5/2025 respectively. This Court with the consent of the learned counsels representing their respective parties; proceeds to decide the present writ petition finally at the stage of admission itself, without inviting counter-affidavit.

(3.) By means of the present writ petition, the petitioners have assailed the order dtd. 17/5/2025 passed by the learned Additional Commissioner, Judicial (Second), Varanasi Division, Varanasi (respondent No. 3) in Case No. 771 of 2023 (Upendra Nath Singh v. Dina Singh and others), under Sec. 24(4) of the U.P. Revenue Code, 2006.