Created by Fuzzy Cloud

Allahabad High Court

KAMLESH KUMARversusBOARD OF REVENUE, U.P. AT PRAYAGRAJ AND 5 OTHERS

Decided

Holding

The Board of Revenue must hear and decide the admissibility of the revision within one month of the order and endeavour to decide the revision itself in accordance with Rule 183(4) of the U.P. Revenue Code Rules, 2016.

Summary

Petitioner Kamlesh Kumar filed a writ petition seeking a mandamus directing the Board of Revenue, U.P., to decide Revision No. 2989 of 2025 under Section 210 of the U.P. Revenue Code, 2006. The petitioner argued that notices were issued before the revision was admitted, the lower court records have not been received despite reminders, and the hearing is scheduled for 12 May 2026. The Court observed that without the lower court records the admissibility of the revision cannot be determined and therefore no time‑frame for deciding the revision could be fixed. Consequently, the Court disposed of the petition, directing the respondent to hear and decide the admissibility of the revision within one month of the order and to endeavour to decide the revision itself as per Rule 183(4) of the U.P. Revenue Code Rules, 2016 once the records are received.

Issues considered

  • Whether the Board of Revenue, U.P. is obligated to decide the admissibility of Revision No. 2989 of 2025 within a specified period.
  • Whether a writ of mandamus can be issued directing the respondent to decide the revision despite the non‑receipt of lower court records.

Legislation cited

Subjects

  • writ of mandamus
  • revision
  • U.P. Revenue Code
  • procedural delay
  • court records

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - B No. - 2019 of 2026

Kamlesh Kumar
                                                               .....Petitioner(s)
                                        Versus

Board Of Revenue, U.P. At Prayagraj And 5 Others
                                                             .....Respondent(s)

Counsel for Petitioner(s)            : Aprajit Yadav, Krishn Kumar, Shyam
                                       Lal Yadav
Counsel for Respondent(s)            : Azad Rai, C.S.C.

Court No. - 55
                         HON'BLE ARUN KUMAR, J.

1. Heard learned counsel for the petitioner and the learned Standing Counsel
for the respondent State. Sri Azad Rai has accepted notice on behalf of Gaon
Sabha.

2. The present petition has been filed for the following relief:

"(i). Issue a writ, order or direction in the nature of Mandamus directing the
Respondent No. 1 to decide the Revision No. 2989 of 2025 (Computerized Case No.
AL20250242002989) between the parties "Kamlesh Kumar Vs. Siyambar and others",
under Section 210 of the U.P. Revenue Code, 2006, dated 30.06.2025 within a
specified period to be fixed by this Hon'ble Court."

3. It is contended by the learned counsel for the petitioner that in the
aforesaid Revision notices were issued to opposite parties before admitting
the revision. The said notices were served and the opposite parties have
appeared. The delay in filing the aforesaid revision has been condoned and
by the order dated 12.08.2025, the records of the court below have been
summoned. A fresh reminder was issued for summoning the records,
however, till date the lower court records have not been received by the
respondent no. 1. It is further contended that hearing in the aforesaid revision
is fixed for 12.05.2026, as such, a direction may be issued to the respondent
no. 1 to decided the revision itself after hearing the counsel for the
contesting parties.

4. From a perusal of the order-sheet of the aforesaid revision, it is evident
                                                                                              WRIB No. 2019 of 2026
                                                                       2


                                    that the revision has to be heard on its admissibility. The lower court records
                                    have not been received till date, therefore, no time frame can be fixed for
                                    deciding the aforesaid revision.

                                    5. In view of the aforesaid circumstances, this writ petition is disposed of
                                    with the direction to the respondent no. 1 to hear and decide the admissibility
                                    of the aforementioned Revision, in accordance with law, within a period of
                                    one month, from the date of presentation of a certified copy of this order;
                                    and make all endeavours to decide the revision itself, within the time frame
                                    as fixed under Rule 183(4) of the U.P. Revenue Code Rules, 2016, after the
                                    records of the court below are received.



                                                                                                (Arun Kumar,J.)
                                    May 6, 2026
                                    Ranjeet Sahu




Digitally signed by :-
RANJEET SAHU
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.