Allahabad High Court
DIWAS KASANAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The Court held that the Board of Revenue’s order had been complied with as per the Sub‑Divisional Magistrate’s instructions, and therefore dismissed the writ petitions.
Summary
The petitioners Diwas Kasana and Ravindra Shivamani filed writ petitions seeking a direction to implement an order dated 29 January 2026 of the Uttar Pradesh Board of Revenue, issued under Section 80 of the U.P. Revenue Code, 2006. They claimed that the required fee under sub‑section (9) of Section 80 had been deposited via challan and an application was made to the respondent (Revenue Officer) for compliance, but no action was taken. The Court initially adjourned the matter to allow the State’s standing counsel to seek instructions. On 7 September 2026, the Sub‑Divisional Magistrate submitted written instructions confirming that the Board’s order had been complied with and the necessary entries were made in the revenue records. Relying on these instructions, the Court disposed of the petitions without further order.
Issues considered
- Whether the fee prescribed under sub‑section (9) of Section 80 of the U.P. Revenue Code, 2006 was deposited and the Board of Revenue’s order of 29‑Jan‑2026 was complied with.
- Whether the writ petitioners are entitled to a court‑directed enforcement of the Board’s order.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 80, 80(9)
Subjects
- Revenue law
- Section 80
- Fee deposit
- Writ petition
- Implementation of revenue order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3593 of 2026
Diwas Kasana
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) :
Counsel for Respondent(s) :
Connected with
WRIT - B No. - 3664 of 2026
Ravindra Shivamani
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) :
Counsel for Respondent(s) :
Court No. - 34
(SN.34) (Transfer from Court No. 51)
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Suresh Kumar Maurya, Advocate holding brief of Sri
Saurabh Singh, learned counsel for the petitioner, Sri Rajiv Gupta,
learned Additional Chief Standing Counsel for the State and Sri Mayank
Singh, Advocate holding brief of Sri Aditya Bhushan Singhal, learned
counsel for respondent no.6.
2. On 17.08.2026, this Court passed the following order:
"1. Heard Sri Shrestha Kumar Maurya, Advocate holding brief
of Sri Saurabh Singh for the petitioner, learned Standing
Counsel for the respondent nos. 1 to 5 and Sri Aditya Bhushan
Singhal for the respondent no. 6.
2. The present petition has been filed seeking a direction for
WRIB No. 3593 of 2026
2
implementation of the order dated 29.1.2026, passed by the
Board of Revenue, U.P. at Prayagraj, arising out of
proceedings under Section 80 of the U.P. Revenue Code, 2006.
3. It is contended by the learned counsel for the petitioner that
in compliance of the order of the Board of Revenue, dated
29.1.2026, the requisite fee, as contemplated under sub section
(9) of Section 80 of the Revenue Code, was deposited through
challan in the government treasury and an application was
made before the respondent no. 4 for compliance of the said
order. However, till date no action has been taken.
4. Learned Standing Counsel prays for and is granted two
weeks time to seek instructions in the matter.
5. List again as fresh on 9.9.2026. "
3. In compliance of the aforesaid order, the written instructions have been
submitted by the Sub-Divisional Magistrate dated 07.09.2026 according
to which the order dated 29.01.2026 has already been complied with and
necessary entries have already been made in the revenue records.
4. In view of the aforesaid instructions, the instant petition is disposed of
and no further order is required to be passed. A copy of instructions, has
been supplied to learned counsel for the petitioner.
(Anish Kumar Gupta,J.)
September 9, 2026
Shubham Arya
Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad
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