Court No. - 6
Case :- WRIT - C No. - 36469 of 2019 Petitioner :- Suresh Kumar Sonkar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The petitioner challenges in this writ petition is to an order dated 24.06.2019 rejecting petitioner's application seeking his impleadment in an appeal U/s 67(5) of the Revenue Code, order dated 14.08.2019 admitting the appeal U/s 67(5) and transferring it to the Court of ADM (LR) and order whereby petitioner's application for impleadment in a case for correction of papers U/s 38, Revenue Code has been rejected.
The petitioner's challenge in the writ petition is to the order dated 24.06.2019 impleadment in appeal U/s 67(5) has been rejected and 14.08.2019 admitting the appeal and transferred it to the Court of ADM (LR) also the order whereby impleadment in a case U/s 38 Revenue Code has been rejected.
The Proceedings under Section 67 of the U.P. Revenue Code were not drawn against the petitioner neither he is a complainant, at whose instance, the proceedings were initiated. The petitioner therefore has no right to participate in these proceedings which are between the Gaon-Sabha and the unauthorized occupants of Gaon-Sabha property.
In so far as the application under Section 38 for correction of papers is concerned, petitioner's application therein has been rejected by the court below. This implies that the correction proceedings do not pertain to any land with which the petitioner has any concern.
Obviously no order for correction of papers can be passed against the petitioner without hearing him. Therefore, the petitioner is unconcerned with the dispute under Section 38 of the U.P. Revenue Code.
Under the circumstances, I do not find any good ground to interfere in the order rejecting the petitioner's impleadement applications in the aforesaid two cases.
Tthe writ petition is dismissed accordingly.
Order Date :- 29.11.2019 C. MANI