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2025 DAILYLAW 86592 (ALL)

SUMIT KUMAR v. STATE OF U.P. AND 21 OTHERS

WRIB/3214/2025 · 2025-08-19

J J Munir

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141866 Court No. - 49 Case :- WRIT - B No. - 3214 of 2025 Petitioner :- Sumit Kumar Respondent :- State Of U.P. And 21 Others Counsel for Petitioner :- Mohd. Parvez,Rohit Nandan Pandey Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble J.J. Munir,J. Heard Learned Counsel for the petitioner in support of the writ petition at length and Ms. Amrita Singh, learned Additional Chief Standing Counsel appearing on behalf of the State. This writ petition is directed against the order dated 14.07.2023 passed by the Board of Revenue, Circuit Court-1, Meerut dismissing the appeal on ground that it has been instituted against a dead person. The Court is informed that it was instituted against more than one dead person. The application seeking substitution of the person, who was already dead at the time of presentation of the appeal. The substitution was refused and the appeal dismissed. However, by the order impugned, the Board of Revenue has granted liberty to the petitioner to file a fresh second appeal against the same judgment/decree impugned revising the array and removing all defects. This then being the order, it hardly prejudices the petitioner entitling him to invoke our jurisdiction under Article 226 of the Constitution. This petition fails and summarily dismissed. Order Date :- 20.8.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad