Mazar Sharif Baba vs State of U. P. - 2023 Supreme(All) 2740

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2740

SHREE PRAKASH SINGH
Mazar Sharif Baba – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioners:Dharm Raj Mishra, Ratnesh Singh Advocates.
For the Respondents: C.S.C.

JUDGMENT

Shree Prakash Singh, J.

Heard Shri Dharm Raj Mishra, learned counsel for the petitioners, Shri Hemant Pandey, learned Standing Counsel for the State and perused the material placed on record.

2. By means of the instant petition, the petitioners have assailed the order dated 03.11.2023 and the order dated 19.05.2018 passed by the respondent nos.1 and 2 respectively.

3. Contention of the learned counsel for the petitioners is that initially an order was passed on an application under Section 33 /39 of U.P. Land Revenue Act, 1901 (hereinafter referred to as "Act, 1901") thereafter, the recall application was moved by the SHO, Sadullah Nagar and that was heard and the order was passed on 19.05.2018, whereas the learned court below recalled the order dated 27.06.2013 and consigned the record, though, it was not heard on merit. He added that against the order dated 19.05.2018, he preferred a revision bearing No.00924 of 2018 under Section 219 of the Act, 1901, which was decided by the revisional court vide order dated 03.11.2023, which is under challenge. He added that in fact, vide order dated 03.11.2023, the court below was directed to hear the parties on merits, though, the or