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2023 Supreme(All) 1223

YOGENDRA KUMAR SRIVASTAVA
Tarkeshwar – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Madan Ji Pandey.
For the Respondent: Sudhir Bharti.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Sudhanshu Pandey, learned counsel appearing along with Sri Madan Ji Pandey, learned counsel for the petitioners, Sri Ajit Kumar Singh, learned Additional Advocate General appearing along with Sri Abhishek Shukla and Sri Amit Manohar, learned Additional Chief Standing Counsel and Sri Amit Verma, learned Standing Counsel for the State respondents.

2. The present petition seeks to put forth a proposition that against an ex-parte order passed in proceedings under Section 24 of U.P. Revenue Code, 2006, the remedy of a statutory appeal being available, a recall application would not be maintainable at the behest of a nonparty.

3. The facts of the case, as reflected from the pleadings in the writ petition, indicate that an application filed by the petitioner under Section 24 of U.P. Revenue Code, 2006 [Code, 2006] registered as Case No. 994 of 2022, computerized case no. T202205200400994 (Tarkeshwar and others vs. Kishor and others) for demarcation of boundaries was allowed by means of an ex-parte order dated 22.07.2022.

4. Thereafter, the private respondent nos. 3 to 5, asserting themselves to be tenure holders of the adjoining plots and n

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