AWDHESH KUMAR v. STATE OF UTTAR PRADESH AND 5 OTHERS
WRIC/31834/2025 · 2025-09-11
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 95395 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 95395 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31834 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:- (i) Issue a writ order or direction in the nature of mandamus commanding the respondent No.2 i.e. Upziladhikari / Sub Divisional Magistrate Tehsil- Lalganj, District - Azamgarh to decide the impalement application of the petitioner as well as Case No. RST /3601/2021 Computerized Case No. T202115060403601, Report Vs. Kavita Devi, pending in the court of Upziladhikari / Sub Divisional Magistrate Tehsil - Lalganj, District - Azamgarh expeditiously within stipulated period by this Hon'ble Court."
2. Private respondent nos. 3/1 to 3/3 were granted benefits of Section 122B(4F) of U.P. Z.A. and L.R. Act, 1950. The State had preferred a restoration application in the said case which is pending consideration.
3. The petitioner who is a complainant has moved an application for impleading him as a party in the restoration proceedings.
4. After hearing learned counsel for the petitioner, I find that once the petitioner was not a party in proceedings under Section 122B(4F) and the benefit has already been extended to private respondents, he has no locus to intervene as the matter is already subjudice and in the matter relating to Section 122B(4F), the dispute is between State and the person who is in occupation of the land of Gaon Sabha. The petitioner who is a complainant has no right to be impleaded in the restoration proceeding initiated by State. Versus Counsel for Petitioner(s) : Anil Kumar Ray Counsel for Respondent(s) : C.S.C. Awdhesh Kumar .....Petitioner(s) State Of Uttar Pradesh And 5 Others .....Respondent(s)
5. The writ petition is misconceived and stands dismissed. September 12, 2025 V.S.Singh WRIC No. 31834 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad