Allahabad High Court

SAMSUDDINversusSTATE OF U.P. AND 4 OTHERS

Decided: 20 September 2026
Bench: CHANDRA KUMAR RAI

Holding

The revisional order directing the recording of the petitioner as bhumidhar with transferable rights is valid and must be implemented despite the pending time‑barred revision by the State.

Summary

The petitioner, allotted a plot in 2001, had his allotment affirmed by an order dated 18‑12‑2023 under Section 198(4) of the U.P. Zamindari Abolition & Land Reforms Act, 1950. He applied under Section 76 of the U.P. Revenue Code, 2006 to be recorded as bhumidhar with transferable rights, which was initially rejected but later allowed by a revision order dated 13‑1‑2025. The State subsequently filed a time‑barred revision challenging that revisional order, which remains pending before the Board of Revenue. The petitioner sought a writ of mandamus directing the authorities to implement the 13‑1‑2025 order despite the pending State revision. The Court held that the 13‑1‑2025 revisional order is valid, the State’s time‑barred revision does not stay its operation, and the authorities must record the petitioner’s name as bhumidhar within three weeks, subject to any future adjudication of the allotment dispute.

Issues considered

Whether a pending time‑barred revision filed by the State can stay the operation of the revisional order directing recording of the petitioner as bhumidhar with transferable rights.
Whether the order of the Additional Collector under Section 198(4) of the U.P. Zamindari Abolition & Land Reforms Act, 1950, affirming the petitioner’s allotment, is final and bars further challenge.
Whether the authorities are obligated to record the petitioner’s name as bhumidhar under Section 76 of the U.P. Revenue Code, 2006 pending the State’s revision.
Whether filing a time‑barred revision constitutes an abuse of process of law.

Legislation cited

U.P. Revenue Code, 2006 — s. 210, 76
U.P. Zamindari Abolition & Land Reforms Act, 1950 — s. 198(4)

Subjects

land allotment
bhumidhar
transferable rights
revision
writ of mandamus
revenue records
time‑barred revision
abuse of process

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 25650 of 2025

Samsuddin
.....Petitioner(s)
Versus

State Of U.P. And 4 Others
.....Respondent(s)

Counsel for Petitioner(s) : Sunil Kumar Dubey
Counsel for Respondent(s) : C.S.C.

Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.

1. Heard Mr. Sunil Kumar Dubey, learned Counsel for the

petitioner, Mr. Dinesh Kumar Tiwari, learned Standing

Counsel for the State-respondents.

2. Brief facts of the case are that petitioner along with others

were allotted plot in question in the year 2001 for agricultural

purpose. Proceedings under Section 198(4) of the U.P.

Zamindari Abolition & Land Reforms Act, 1950 (hereinafter

referred to as the "U.P.Z.A.& L.R.Act) was initiated, which

was registered as Case No. 87 of 2016 (State vs. Rajveer). The

Additional Collector (City), Aligarh vide order dated

18.12.2023 decided the aforementioned case, affirming the

allotment of the petitioner along with other allottees but the

allotment of certain allottee were cancelled by the same order.

Against the order dated 18.12.2023, the persons whose

allotment was cancelled filed a revision, but no revision was

filed by the State against the order dated 18.12.2023 by which

the petitioner's allotment was affirmed. In pursuance of the

order dated 18.12.2023, the petitioner filed an application
WRIC No. 25650 of 2025
2

under Section 76 of the U.P. Revenue Code, 2006 for recording

of his name as bhumidhar with transferable rights but Sub-

Divisional Magistrate vide order dated 14.10.2024 rejected the

petitioner's application. Against the order dated 14.10.2024, a

revision filed by the petitioner, was allowed by the

Commissioner Aligarh Mandal, Aligarh vide order dated

13.1.2025 setting aside the order dated 14.10.2024 and

petitioner along with other allottees were directed to be

recorded as bhumidhar with transferable rights. Against the

revisional order dated 13.1.2025 arising out of proceeding

under Section 76 of U.P. Revenue Code, 2006 a time-barred

revision has been filed by the State before the Board of

Revenue, which is pending as Revision No. 4906 of 2024.

Hence, this writ petition for the following relief:

"issue a writ, order or direction in the nature of Mandamus commanding

the respondents to implement the order dated 13.1.2025 (Annexure No.7

to the writ petition) passed by Commissioner, Aligarh Mandal, Aligarh in

Revision No.1218 of 2024 (Computerized Case No.C202418000001218)

(Samsuddin & others Vs. State of U.P.), under Section 210 of Uttar

Pradesh Revenue Code, 2006 in the revenue records/khatauni."

3. Learned counsel for the petitioner submitted that in spite of

the revisional order dated 13.1.2025, the name of petitioner has

not been recorded as bhumidhar with transferable right over the

plot in question as such, authorities be directed to record the

name of the petitioner as bhumidhar with transferable right

over the plot in question forthwith. He submitted that after
WRIC No. 25650 of 2025
3

filing the instant writ petition before this Court, the time-barred

revision has been filed by the State against the revisional order

dated 13.1.2025 arising out of proceeding under Section 76 of

U.P. Revenue Code, 2006 which is pending. He further

submitted that in the pending revision, no interim order is

operating as such, there is no difficulty to record the name of

petitioner as bhumidhar with transferable right and this shall be

subject to adjudication of any dispute in respect to the

petitioner's allotment in accordance with law. He further

submitted that filing of the time barred revision before Board

of Revenue at the instance of the State against the revisional

order passed in proceeding under Section 76 of U.P. Revenue

Code, 2006 is abuse of process of law, as no proceeding has

been initiated by State against the order passed under Section

198(4) of U.P.Z.A. & L.R. Act by which petitioner's allotment

was affirmed. He submitted that prayer made in the instant writ

petition should be allowed.

4. On the other hand, Mr. Dinesh Kumar Tiwari, learned

Standing Counsel for the State respondent submitted that in

view of the pendency of revision filed by State, prayer made by

the petitioner has not been accepted by the authorities. He
submitted that as soon as the pending revision filed by State is

decided by the Board of Revenue, the proper steps shall be

taken by the authorities in respect to the petitioner's claim for

recording of his name as bhumidhar with transferable right.

5. I have considered the arguments advanced by learned
WRIC No. 25650 of 2025
4

Counsel for the parties and perused the record.

6. There is no dispute about the fact that the proceedings under

Section 198(4) of the U.P.Z.A.&L.R. Act so far as petitioner's

allotment is concerned has attained finality vide order dated

18.12.2023. There is also no dispute about the fact that

application under Section 76 of U.P. Revenue Code, 2006 filed

on behalf of the petitioner was rejected by the Sub-Divisional

Officer, but the revision filed by petitioner has been allowed

directing to record the name of petitioner as bhumidhar with

transferable right. There is also no dispute about the fact that a

time-barred revision filed by the State against the revisional

order passed in the proceeding under Section 76 of U.P.

Revenue Code, 2006 is pending, in which no interim order is

operating.

7. In order to appreciate the controversy involved in the matter,

perusal of the operative portion of the order dated 18.12.2023

passed by Additional Collector (City), Aligarh will be relevant,

which is as under:

"आदेश पत्रक

न्यायालय : अपर जिलाधिकारी, नगर

मण्डल : अलीगढ़ जनपद अलीगढ़ तहसील: कोल

वाद संख्या :- 87/2016

कंप्यूटरीकृत वाद संख्या:- D201618020087

सरकार बनाम राजवीर

अन्तर्गत धारा :- 198 (4), अधिनियम: उ०प्र०ज० वि० भू० व्य० अधिनियम, 1950
WRIC No. 25650 of 2025
5

मौजा-अदौन

नकल निर्णय दिनांक 18.12.2023

आदेश

अतः उपरोक्त विवेचना के आधार पर आदेश किया जाता है कि आवंटन पत्रावली के 57 ख के क्रम संख्या-1, 2, 3,
4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 23, 25, 28, 29, 32, 33, 35, 36, 37, 39, 40, 41,
45, 46, 47, 49, 50, 51, 52, 55, 56, 58, 59, 60, 61, 62, 63, 64, 71, 74, 76, 80, 81, 82,
83, 86, 87, 90, 91, 93, 95 व 30, 38, 54, 77, 78, 84, 94 व 17, 18, 19, 22, 34 व 20, 24,
26, 31, 53, 57, 92 अंकित आवंटन बहाल किये जाते है तथा आवंटन पत्रावली के क्रम संख्या- 27, 35 व 67,
68, 69 व 72, 73, 79 व 6, 7, 72, 43, 44, 48, 65, 66, 70, 89 व 88, 96 व 75 पर अंकितआवंटन
निरस्त किये जाते है। उप जिलाधिकारी काल की आख्या दिनांक 05.12.2023 आदेश का अंग रहेगी तदनुसार
परवाना अमलदरामद जारी हो। पत्रावली वाद आवश्यक कार्यवाहीं दाखिल दफ्तर हो।

दिनांक 18.12.2023

(अमित कुमार भटट)

अपर कलेक्टर (नगर)

अलीगढ़ ।"

8. The order dated 18.12.2023 passed under Section 198(4) of

U.P.Z.A. & L.R.Act as quoted above demonstrates that

petitioner's allotment, which is mentioned in the fourth line at

serial no.90 of the operative portion of the order has been

maintained by the Additional Collector and no revision has

been filed by the State against the order dated 18.12.2023, as

such, there is no illegality in the revisional order dated

13.1.2025 passed in the proceeding under Section 76 of U.P.

Revenue Code, 2006 for recording the name of petitioner as

bhumidhar with transferable right.

9. It is material to mention that the time-barred revision at the

instance of State, which is pending before the Board of

Revenue has been filed against the revisional order passed in
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the proceeding under Section 76 but there is no revision by the

State against the order passed in the proceeding under Section

198(4) of U.P.Z.A. & L.R. Act.

10. Considering the entire circumstances of the case, the writ

petition stands allowed. Respondent No. 3-Collector/ District

Magistrate, Aligarh is directed to take immediate steps for

recording the name of petitioner as bhumidhar with

transferable right over the plot in question in pursuance of the

revisional order dated 13.1.2025 passed by Commissioner,

Aligarh Mandal, Aligarh. The aforementioned exercise shall be

concluded by respondent no.3-Collector/District Magistrate,

Aligarh within period of three weeks from the date of

production of certified copy of this order before him, which

shall be subject to adjudication of dispute, if any, in respect to

petitioner's allotment.

September 21, 2026
Rameez

(Chandra Kumar Rai,J.)

Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad

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