Sanjay Kumar and Another v. State of U.P. and 3 Others

Court No. - 52 Case :- CIVIL MISC REVIEW APPLICATION No. - 495 of 2023 Applicant :- Sanjay Kumar And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar Singh,Dinesh Mishra Counsel for Opposite Party :- Anoop Kumar Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Ashish Kumar, learned counsel for the review applicant and Sri Anoop Kumar, learned counsel for the petitioner.

¶2Learned counsel for the review applicant who has already preferred impleadment application during the pendency of the instant writ petition but at the time of adjudication no one has appeared on any of the dates which culminated into judgment dated 22.09.2023.

¶3Being aggrieved with the judgment the instant review applicant has been preferred on behalf of same person who filed impleadment during pendency of the instant writ petition.

¶4Sri Anoop Kumar, learned counsel for the petitioner vehemently opposed the review application preferred by the same person who are having interest only against plot no. 228, even after filing the impleadment application no one has appeared at the time of adjudication of the controversy as raised in the instant petition and as such the review is not maintainable and same may be dismissed with cost.

¶5Sri Ashish Singh, learned counsel appearing for review applicant confined his prayer only for seeking opportunity of hearing at the time of initiating the proceedings under Section 38(2) of the U.P. Revenue Code.

¶6On the agreement of both the learned counsel for the parties, the instant review application is hereby treated as modification to the order dated 22.09.2023 and the following lines shall be part of the paragraph no. 9 of the same: "After due opportunity of hearing to all concerned".

¶7The review application is accordingly disposed of. Order Date :- 16.11.2023 A. Tripathi High Court of Judicature at Allahabad