HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 787 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Supplementary affidavit by the petitioner is taken on record. 2. Heard Shri Pradeep Kumar Tiwari, Advocate holding brief of Shri M.K. Dixit, learned counsel for the petitioner as well as learned Standing Counsel for respondents no. 1 and 2. 3. In view of the order proposed to be passed, notice to private respondents no. 3 to 8, is dispensed with. 4. It has been submitted by learned counsel for the petitioner that a revision was filed by the respondent no.5 on 15.4.2024, before the Board of Revenue, challenging the order dated 8.4.2024 passed by A.D.M. Nawabganj, District Barabanki, on which the date was fixed on 6.5.2024. On 6.5.2024 the petitioner had appeared before the Board of Revenue and the lower court record was summoned and the revisionist was directed to serve the remaining respondents by filing registered notice and the case was fixed for 28.8.2024. It seems that before the next date fixed an application for early fixation of date was filed by the revisionist i.e. respondent no. 5 on 7.6.2024 but no order was passed. Another application for early fixation of date was filed on 2.7.2024, on which date fixed was 10.7.2024. On 10.7.2024 the matter could not be taken up due to paucity of time and the matter again listed on 24.7.2024. On 24.7.2024 according to the order sheet, which has been filed along with supplementary affidavit the date fixed was 22.7.2024 but there is a clear Versus Counsel for Petitioner(s) : M.K. Dixit Counsel for Respondent(s) : C.S.C. Vikas Verma .....Petitioner(s) State Of U.P. Thru. Addl. Chief / Prin. Secy., Deptt. Of Revenue, Lko. And Others .....Respondent(s) interpolation in the date originally fixed as 22.8.2024 and instead of that it has been replaced on 12.8.2024 and on 12.8.2024 the matter was taken up and the impugned interim order was passed. 5. Learned counsel for the petitioner submitted that in case on 24.7.2024 the next date fixed was 12.8.2024 there would have been no occasion for the Board of Revenue to allow the application for early listing, while passing the order dated 12.8.2024. Accordingly, he submits that there is deliberate manipulation in records has taken place and actually the date fixed was 22.8.2024 and subsequently corrected to 12.8.2024 and on 12.8.2024 as the petitioner was not aware of the aforesaid date, the interim order dated 12.8.2024 was passed. 6. I have perused the petition as well as the supplementary affidavit and also copies of the order passed by the Board of Revenue. From the assertions made by the petitioner, which clearly emerge from perusal of the record as discussed above, I find that there is a clear interpolation in the order dated 24.7.2024, it seems that the case was listed on 22.8.2024 but subsequently 22.8.2024 was changed to 12.8.2024 and on 12.8.2024 the impugned order was passed. 7. I have no hesitation in accepting the arguments of the petitioner to the effect that in case the case was listed for 12.8.2024 then there was no occasion to allow the application for early listing, in as much as, the matter stood listed on 12.8.2024 as per the order dated 24.7.2024. 8. From the aforesaid, I find that the Board of Revenue has proceeded with material irregularity by preponing the date from 22.8.2024 to 12.8.2024 and then proceeded to pass the order on 12.8.2024 in absence of the petitioner. 9. In the light of the above, the order dated 12.8.2024 is set aside. Let the application for interim relief preferred by the respondent no.5 in Revision No. 1223 of 2024, be considered afresh by the Board of Revenue. 10. It is provided that the petitioner shall move an appropriate application before the Board of Revenue annexing the certified copy of the order WRIB No. 787 of 2025 2 passed by this Court, which would be pressed before the Board of Revenue on 8.9.2025. The Board of Revenue shall proceed to fix the date with the consent of the parties within three weeks thereafter and after hearing the parties proceed to consider and decide the application for interim relief, filed by respondent no.5, in accordance with law. 11. In the light of above, the petitioner is disposed of. August 26, 2025 Muk WRIB No. 787 of 2025 3 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench