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2025 DAILYLAW 94120 (ALL)

KAVARPAL v. STATE OF U.P. AND 3 OTHERS

WRIC/31624/2025 · 2025-09-10

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31624 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Proceeding for eviction was initiated against one Satte son of Ganga Ram. As Satte did not participate in the said proceedings, an order for eviction was passed on 05.07.2024. A delayed appeal under Section 67(5) of U.P. Revenue Code, 2006 was filed by petitioner Kavarpal another son of Ganga Ram. In para no. 7 of memo of appeal, petitioner has claimed to be brother of Satte. There is no disclosure in the appeal as to the legal heirs of Satte against whom proceeding for eviction was initiated. The appeal filed by petitioner was dismissed on the ground of delay. Both the revenue authorities had found that Satte had made construction over land of Gaon Sabha which was recorded as a pond and is a public utility land under Section 77 of U.P. Revenue Code, 2006. 2. During course of argument, learned counsel for the petitioner had claimed that petitioner, Kavarpal is son of Satte and is not son of Ganga Ram, but records speak otherwise as notice issued by Gaon Sabha in R.C. From 19 clearly mentions Satte son of Ganga Ram while in memo of appeal filed by petitioner, in para no. 7, it has been specifically mentioned that petitioner is brother of Satte. 3. This appears to be a fraud played by petitioner on the court proceedings as there is no disclosure as to legal heirs of Satte and without disclosing the said fact, present writ petition has been Versus Counsel for Petitioner(s) : Akhilesh Kumar Singh Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh Kavarpal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) filed in respect of eviction proceedings having been initiated by the Satte. 4. The writ petition fails and is hereby dismissed. September 11, 2025 V.S.Singh WRIC No. 31624 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad