CHANDRA KUMAR RAI
Shivnath – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Anil Bhushan, learned Senior Counsel assisted by Mr. Abhishek Bhushan, Counsel for petitioners and Mr. Mangla Prasad Rai, learned Senior Counsel assisted by Mr. Ashok Kumar Rai for respondent nos. 4 to 6 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents. Respondent nos. 7 to 18 are stated to be proforma respondents, as such, notice to respondent nos. 7 to 18 are dispensed with.
2. The writ petition is being heard and disposed of finally with the consent of the learned Counsel for the parties without inviting counter-affidavit.
3. Brief facts of the case is that respondent no.4 filed an application dated 29.8.2014 under Section 33/39 of U.P. Land Revenue Act impleading State of U.P. as opposite party with the prayer to expunge the name of petitioners from Arazi No. 1052 area 0.134 hectare situated at Village-Akhari, Pargana-Kaswar Raja, Tehsil-Sadar, District-Varanasi. The aforesaid application filed by respondent no.4 was registered as case No. 9582 of 2016, Computerized case No. T20161470019582 under Section 31/32 of U.P. Revenue Code, 2006 before respondent no.3/ Sub-Divisional Magistrate, Sadar, Varanasi. A report w
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