Allahabad High Court
RAJAversusSTATE OF U.P. AND 23 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The writ petition is not maintainable; the Board of Revenue is directed to decide the pending revision after considering the petitioner’s objection on maintainability.
Summary
The petitioner Raja filed a writ petition challenging an interim order dated 6 February 2026 issued by the Board of Revenue, Uttar Pradesh, which entertained a revision filed by respondent No.6 in a land demarcation matter under Section 24 of the U.P. Revenue Code, 2006. The revision arose after the Deputy District Magistrate confirmed a spot map prepared by the Revenue Inspector, an order that respondent No.6 appealed to the Additional Commissioner, who dismissed it. The Board of Revenue’s interim order was alleged to be unlawful, but the court held that the petition was not the appropriate remedy to contest the interim order and that the petitioner should instead raise objections in the pending revision proceeding. Consequently, the writ petition was dismissed, with a direction to the Board of Revenue to decide the pending revision within four months, considering the petitioner’s objections on maintainability. The decision rests on procedural propriety rather than substantive merits of the land demarcation.
Issues considered
- Whether the writ petition challenging the interim order dated 6 February 2026 is maintainable.
- Whether the revision filed by respondent No.6 should be entertained pending the petitioner’s objection on its maintainability.
Legislation cited
- U.P. Revenue Code, 2006 — s. 24
Subjects
- Revenue law
- Revision
- Interim order
- Maintainability
- Writ petition
- Land demarcation
- Section 24
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1579 of 2026
Raja
.....Petitioner(s)
Versus
State Of U.P. And 23 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajaj Ahmad, Akhtar Ali
Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Akhtar Ali learned counsel for the petitioner, learned
Standing Counsel for the respondent nos. 1 to 4 and Sri Kaushal Kishore
Mani, learned counsel for the respondent no.5.
2. The present writ petition has been filed challenge the order of the
Board of Revenue, U.P. at Lucknow, the respondent no.2, dated 6.2.2026,
by which the revision filed by respondent no.6 has been entertained and
the orders of the Additional Commissioner (Administration), Saharanpur
Division, Saharanpur and the Deputy District Magistrate, dated 12.1.2026
and 30.7.2025, respectively, have been stayed.
3. The present petition arises out of proceedings under Section 24 of the
U.P. Revenue Code, 2006. In the case registered on the application of the
petitioner the Plot No.1372/2 has been sought to be demarcated. The
respondent no.6 aggrieved by the order of the Deputy District Magistrate
(Judicial), Behat, District Saharanpur dated 30.7.2025 directing the
confirmation of the spot map prepared by the Revenue Inspector, had
filed an appeal before the Additional Commissioner, which was dismissed
by the order dated 12.1.2026. The revision filed by respondent no.6 has
been entertained by the order dated 6.2.2026, which is under challenge.
4. The order under challenge is in the nature of interlocutory order by
which the revision filed by respondent no.6 has been entertained and
interim order has been granted. The petitioner is aggrieved by the interim
order granted by the respondent no.2. Against the interim order, the
WRIB No. 1579 of 2026
2
petitioner has remedy of moving an application for vacation of the interim
order and objection regarding the maintainability of the revision itself. As
the present petition challenging the validity of the interim order dated
6.2.2026 is not maintainable, no purpose would be served in issuing
notices to the contesting respondent.
5. As the petitioner has already appeared in Revision No.355 of 2026,
pending before the respondent no.2, this writ petition stands disposed of
with a direction upon the respondent no.2 to decide the said pending
revision, after considering the objection filed by the petitioner regarding
its maintainability, in accordance with law, expeditiously, preferably
within a period of four months from the date of presentation of certified
copy of this order.
(Arun Kumar,J.)
April 20, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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