HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1085 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Aftab Ahmad, learned counsel for the petitioners, learned Standing Cousnel for respondents no. 1 and 2, Shri Mohan Singh, learned counsel for respondents no.3 and 4 and Shri Durgesh Kumar Awasthi, learned counsel for respondents no. 5, 6 and 7. 2. The present writ petition has been filed with the following main relief:- "i. Issue a writ, order or direction in the nature of certiorari quashing the order dated 09.10.2025 passed by the opposite party no.1 contained in annexure no. 1 to the writ petition, further directing it to send lower court record back to the court of Collector, Barabanki to enable it to proceed and decide the case finally." 3. It has been submitted by learned counsel for the petitioners that the petitioners have moved application under Section 28 of the Land Revenue Act before the District Magistrate. The said matter was initially decided by him but subsequently there was interference by the revisional court and the matter was remitted to be decided on the aspect of maintainability. The District Magistrate, by means of the order dated 12.6.2025 after considering in detail the rival contentions have held the application of the petitioners to be maintainable and had fixed the same for further hearing. 4. Being aggrieved by the order dated 12.6.2025, the private respondents has preferred a revision before the Board of Revenue. The Board of Versus Counsel for Petitioner(s) : Aftab Ahmad, Kanh Kumar Awasthi Counsel for Respondent(s) : C.S.C., Durgesh Kumar Awasthi, Manoj Kumar Gupta, Mohan Singh Vijay Kumar And Others .....Petitioner(s) U.P. Board Of Revenue, Lko. Thru. Chairman And Others .....Respondent(s) Revenue by means of order dated 9.10.2025 has admitted the said matter and summoned the trial court record and passed interim order staying the proceedings of the trial court and fixed the date for hearing. 5. It has been submitted by learned counsel for the petitioners that the revision itself was not maintainable and on this ground has assailed the order dated 9.10.2025. He has submitted that the order of District Magistrate holding that the application was maintainable is an interlocutory order and accordingly no revision is maintainable under Section of U.P. Land Revenue Act. 6. Counsel for the opposite parties on the other hand submitted that the petitioners have put in appearance before the Board of Revenue but no such objections were filed by them and the impugned orders have been passed after duly hearing and appreciating the objections raised by the petitioners. It is further stated that while admitting the revision would not amount to holding that the same is maintainable and it is always open for the petitioners to raise all these pleas before the revisional court, which in turn would be mandated to decide all the objections raised by the petitioners. 7. Considering the rival contentions, this Court is of the considered view that the aspect of maintainability can certainly be decided by the Board of Revenue, as and when the same is raised by the petitioners (respondents in the revision), the aspect of maintainability has not been discussed in the impugned order and accordingly, it cannot be said that the same was raised by the petitioners. This Court is of the considered view that once proceedings is pending before the Board of Revenue then all the matters pertaining to the merits and other aspects can be raised before the revisional court itself. It is not the case of the petitioner that he had raised on the ground of maintainability and the same has not been decided while passing the impugned order. 8. Accordingly, ends of justice would be met in case the liberty is given to the petitioners to raise aspects of maintainability before the Board of Revenue, which in turn is expected to consider and decide the same, in accordance with law. WRIB No. 1085 of 2025 2 9. This Court does not find any infirmity in the impugned order and with the aforesaid directions the petition stand disposed of. November 27, 2025 Muk WRIB No. 1085 of 2025 3 (Alok Mathur,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench