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2023 Supreme(All) 911

YOGENDRA KUMAR SRIVASTAVA
Brijesh Kumar Dubey – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Radhey Krishna Pandey, Manish Pandey.
For the Respondents: Ajattshatru, Awadhesh Kumar Mishra.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

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 respondent Nos. 7 and 8.

2. Counsel for the petitioner has confined his relief to a challenge to the order dated 23.08.2022 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 Section 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 dated 24.06.2019 and his name was also mutated in the revenue records in terms of an order dated 09.01.2019. 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 dated 26.09.2019 was filed, which was dismissed for want of prosecution by an order dated 19.02.2020. The restoration application filed thereag

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