JUDGMENT

Saurabh Lavania, J.

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. The present writ petition has been filed for the following main relief :-

"(i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 02.11.2023 passed by the Commissioner Devipatan Mandal, Gonda, in Case No. 1035 of 2023 (Computerized No.C202308000001035), Parmeshwar v. Suresh and others so far as it relates to the revision and order dated 07.06.2017 passed by the Up-Ziladhikari, Tehsil-Tarabganj, District-Gonda, in Case No.T.2001083600009, under Section 176 U.P. Z.A.L.R. Act, (Contained as Annexure No.01 and 02), in the interest of justice."

3. Brief facts of the case are to the effect that undisputedly the petitioner being cosharer 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 Section 176 of U.P.Z.A. & 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 dated 04.05.2005 and thereafter an application for appointment of Commission was preferred by petitioner on 01.04.2009 and the Lekhpal concerned prepared report dated 22.02.2010 i.e. a proposal of division of land in issue (Kurra Chittha and map) and the same was submitted on 11.08.2010 before the opposite party no.2 and this report dated 22.02.2010 was confirmed by opposite party no. 2 on 07.06.2017.

4. 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 dated 25.08.2022 and is apart from the application dated 02.02.2022 preferred by the opposite party no. 8 (Annexure no. 8 to this petition) against which the petitioner preferred an objection dated 09.02.2022.

5. From the record, it is apparent that the petitioner did not file an application for restoration of case/ recall of final order dated 07.06.2017 and nor did he file the objection to the report dated 22.02.2010 before passing the order dated 07.06.2017, whereby the opposite party no.2 confirmed the report dated 22.02.2010. However, the petitioner preferred an objection on 23.02.2022 against the report dated 22.02.2010.

6. After considering the aforesaid, the opposite party no.2 by the impugned order dated 25.08.2022 confirmed the final order dated 07.06.2017.

7. Challenging the order dated 07.06.2017 the petitioner filed a revision and by means of an appeal, the petitioner assailed the order dated 25.08.2022 and both these cases were decided by a common order dated 02.11.2023 (impugned order). Vide order dated 02.11.2023 the opposite party no. 1/Commissioner, Devi Patan Mandal, Gonda, modified the order dated 07.06.2017. As per this order, the petitioner would get the land for road over western side of the Gata No. 233.

8. It would be apt to indicate that against the order dated 02.11.2023 and praying other reliefs, the petitioner filed Writ-C No. 10581 of 2023 and the same was dismissed as not pressed vide order dated 11.12.2023, which reads as under:-

"Heard.

This Court has passed the following order on 06.12.2023:

"Shri Upendra Singh, learned Additional Chief Standing Counsel and Shri Karunakar Srivastava, learned counsel for the respondent no.6 have raised a preliminary objection that this petition has been filed against the composite order dated 02.11.2023 passed on a first appeal filed by the p