Neutral Citation No. - 2025:AHC-LKO:1846 Court No. - 8 Case :- WRIT - B No. - 16 of 2025 Petitioner :- Ajay Rastogi Respondent :- Krishna Gopal And 10 Others Counsel for Petitioner :- Girish Chandra Sinha Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the State respondent nos.10 and 11 has been accepted by the office of Chief Standing counsel. By means of the instant petition, the petitioner assails the order dated 09.12.2024 passed by the Board of Revenue in revision. Submission of learned counsel for the petitioner is that the mutation proceedings were underway. An exparte order was passed against which an application for recall was moved which was allowed whereafter an appeal was preferred. The appellate court after hearing the parties by means of the order dated 20.08.2024 remanded the matter to the Court of Naib Tehsildar with a direction to consider the issue of delay as well as after affording an opportunity of hearing to the parties to lead evidence, the matter be decided afresh. It is urged that in furtherance of the said order an application for seeking condonation of delay was specifically moved before the Naib Tehsildar in the interim period. The private respondent no.1 preferred a revision before the Board of Revenue wherein the impugned order dated 09.12.2024 has been passed. As a consequence the proceedings which are pending before the Naib Tehsildar have been stayed. Submission is that where the issue is yet to be considered on merits including the issue of limitation, in such circumstances, the Board of Revenue was not justified in entertaining the revision as no right has yet been decided amongst the parties. Having considered the aforesaid submissions and from a perusal of the material on record, it is not disputed that the order dated 09.12.2024 was passed after hearing the parties concerned. The record indicates that the petitioner had already putting in appearance and still has an opportunity to ventilate his grievance before the revisional court where the matter is pending. Considering the aforesaid facts that the matter is yet to be decided and by means of the impugned order only the revision has been admitted fixing 18.02.2025 as a next date, in such circumstances, this Court is not inclined to entertain the petition leaving it open for the petitioner to approach the revisional court and raise all his contentions as may be available to him in law and needless to say, in case, such averments/submissions are made the same shall be considered and decided by the respondent no.11 in accordance with law. It is made clear that the Court has not examined the case of either of the parties on merits and Board of Revenue shall decide the matter as expeditiously as possible after affording full opportunity of hearing in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 10.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench