Allahabad High Court

SANTOSH KUMAR AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS

Decided: 7 September 2026
Bench: ANISH KUMAR GUPTA

Holding

An order passed against a deceased person is void and must be set aside, with the matter remanded for fresh proceedings after impleading the legal heirs.

Summary

The petitioners, Santosh Kumar and another, filed a writ petition challenging an order dated 23 September 2024 passed by the Board of Revenue in Revision No. 501/2009‑2010 (Rajendra Kumar vs. Smt. Meera Devi). They contended that the order was made against the deceased Meera Devi, who had died on 28 March 2017, and therefore was void. The court examined the death certificate annexed to the petition and found that the Board had indeed proceeded against a dead person. Consequently, the court set aside the impugned order issued under Section 219 of the Uttar Pradesh Land Revenue Act, 1901. The matter was remanded to the Board of Revenue to pass a fresh order after properly impleading the legal heirs of the deceased. The petition was disposed of.

Issues considered

The order passed by the Board of Revenue is valid despite the death of the party named in the revision petition.
Whether a revision order issued under Section 219 of the U.P. Land Revenue Act, 1901, can stand when the respondent is deceased.

Legislation cited

Uttar Pradesh Land Revenue Act, 1901 — s. 219

Subjects

land revenue
revision petition
death of party
impleadment
void order
Section 219
Board of Revenue

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3805 of 2026

Santosh Kumar And Another
.....Petitioner(s)
Versus

State Of U.P. And 6 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ashish Jaiswal, Siddarth Jaiswal
Counsel for Respondent(s) : C.S.C.

Court No. - 34

(SN.4)(Transfer from Court No. 51)

HON'BLE ANISH KUMAR GUPTA, J.

1. Heard Sri Ashish Jaiswal, learned counsel for the petitioners and Sri
Rajiv Gupta, learned Additional Chief Standing Counsel for the State.

2. The instant petition has been filed by the petitioner being aggrieved by
the order dated 23.09.2024, passed by the Board of Revenue in Revision
No. 501/2009-2010 (Rajendra Kumar vs. Smt. Meera Devi).

3. Learned counsel for the petitioner submits that prior to the date when
the order dated 23.09.2024 was passed by the Board of Revenue, the
mother of the petitioner, namely Meera Devi, who was the party in the
said revision petition has already died on 28.03.2017. Thus, the impugned
order is against a dead person, therefore, the same is null and void and
cannot survive. In this regard the Death Certificate of Late Meera Devi,
has also been annexed as Annexure 12 to the instant petition.

4. In view thereof, this Court do not find it appropriate to keep the instant
matter pending before this Court. Hence, the order dated 23.09.2024,
passed by the Board of Revenue, Lucknow, in Revision No. 501/2009-
2010 (Rajendra Kumar vs. Smt. Meera Devi) under Section 219 of the
U.P. Land Revenue Act, 1901 is hereby set-aside and the matter is
remanded back to the Board of Revenue to pass the fresh order after due
impleadment of the legal heirs i.e., the petitioners herein of the Smt.
Meera Devi, w/o Raj Narain, who was respondent no.1 in the revision
WRIB No. 3805 of 2026
2

petition, who is stated to have died on 28.03.2017.

5. With the aforesaid, the instant petition is disposed of.

(Anish Kumar Gupta,J.)
September 8, 2026
Shubham Arya

Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad

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