This court dismissed a writ petition filed by Babbu challenging an order dated 21.12.2022 whereby a revision in a partition suit was dismissed by the Additional Commissioner (Judicial). The court found that the petitioner was given an opportunity to challenge a coloured map but failed to file objections.
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Neutral Citation No. - 2023:AHC:107135
Court No. - 21
Case :- WRIT - C No. - 16707 of 2023
Petitioner :- Babbu
Respondent :- The Additional Commissioner (Judicial) And 6 Others Counsel for Petitioner :- Chandra Prakash Kushwaha Counsel for Respondent :- C.S.C.,Achal Singh,Rajesh Kumar
Hon'ble Prashant Kumar,J.
1. Heard Shri C.P. Kushwaha, learned counsel for the petitioner and Shri Achal Singh, learned counsel appearing for respondent nos. 6 and 7.
2. The instant writ petition has been filed assailing the judgement dated 21.12.2022 passed by the Additional Commissioner (Judicial), Chitrakootdham, whereby the revision of the petitioner was dismissed.
3. Learned counsel for the petitioner argues that in the partition suit, the coloured map was filed and he was not given any opportunity to challenge the same. However, a bare perusal of the impugned order shows that opportunity was given to him and he had not filed any objections. Hence, the revision was dismissed.
4. We, accordingly, finds that, there is no merit in the instant writ petition and the writ petition stands dismissed.
(Prashant Kumar, J.)
Order Date :- 17.5.2023 Rama Kant
Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner was afforded a proper opportunity to challenge the coloured map filed in the partition suit before the lower adjudicating authority.
Whether a writ petition is maintainable to challenge the order dismissing the revision in a partition suit where no objections were filed by the petitioner.
Babbu
The Additional Commissioner (Judicial) And 6 Others
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
