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Kesarajaha v. State Of U.P. & Others - WRIT - C No. 32635 of 2007 [2007] RD-AH 12452 (20 July 2007)


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Hon'ble Arun Tandon, J.

Counsel for the petitioner submits that against the ex parte order dated 24.4.1993 passed by the Tehsildar under Section 33/34 of the Land Revenue Act, the predecessor in interest of the petitioner had made an application for recall along with delay condonation application.  This recall application was also dismissed in default.  Thereafter the predecessor in interest is alleged to have filed another restoration application supported by an affidavit along with an application for condonation of delay.  The application is said to be pending.  The petitioner who claims to be the subsequent purchaser of the property has filed an independent application after 13 years of the ex parte order for setting aside the same and by means of the present writ petition he seeks  early disposal of his application.

In the opinion of the court the application made by the petitioner is totally misconceived.  Remedy, if any, available to the petitioner is to seek impleadment in the application said to have been filed by the predecessor before the Tehsildar and which is said to be pending.

Writ petition is dismissed.

Dated: 20.7.2007



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