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2025 DAILYLAW 184145 (ALL)

KAMLA DEVI AND ANOTHER v. BOARD OF REVENUE, U.P., LKO. THRU. CHAIRMAN AND ANOTHER

WRIB/1117/2025 · 2025-12-01

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1117 of 2025 Court No. - 22 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioners and Sri Rajesh Kumar Pandey, learned counsel for the Board of Revenue and Sri Abhishek Pandey, learned Additional Chief Standing Counsel for the State. 2. Present petition has been filed for quashing the order dated 22.08.2025 passed by opposite party no.1 i.e. Board of Revenue U.P. Lucknow in Revision No.2868 of 2025/ Ayodhya (Computerised Case No.R20250423002868) Rambali vs Kamla Devi & another U/S 210 of U.P. Revenue Code 2006. 3. Contention of learned counsel for the petitioners is that against the order dated 18.11.2022 passed by the Naib Tehsildar, Sadar, Ayodhya, a Revision No.2868 of 2025/ Ayodhya, under Section 210 of U.P. Revenue Code, 2006 along with delay condonation application was preferred on 27.06.2025 before the Board of Revenue, Lucknow but the Board of Revenue without issuing any notice on the delay condonaton application not only condoned the delay but also stayed the order of Naib Tehsildar on 18.11.2022. This exercise is illegal and erroneous and against the established question of law. 4. Learned counsel for the opposite party no.2 though opposed the prayer but could not dispute the legal position. 5. Considering the aforesaid submission and taking into account, the revision was preferred after the delay of more that two years though limitation is 60 Versus Counsel for Petitioner(s) : Rakesh Kumar Srivastava, Brijesh Kumar Srivastava Counsel for Respondent(s) : C.S.C., Rajesh Kumar Pandey Kamla Devi And Another .....Petitioner(s) Board Of Revenue, U.P., Lko. Thru. Chairman And Another .....Respondent(s) days from the date of order but Board of Revenue, by the impugned order without giving opportunity of hearing or issuance of notice to the petitioners, condoned the delay and stayed the order passed by the Naib Tehsildar by the impugned order dated 22.08.2025 which is absolutely erroneous as once the limitation has expired then certain right vested in the party rent against whom impugned order under challenged has been passed, therefore, delay cannot be condoned without giving opportunity of hearing to the opposite party. 6. 6. With the consent of learned counsel for the parties, the present petition is disposed of by quashing the impugned order dated 22.08.2025 passed by Board of Revenue U.P. Lucknow with direction to the concerned authority to pass fresh order and matter is remitted back to Board of Revenue, Lucknow to pass fresh order after giving opportunity of hearing to the petitioners. 7. It is made clear that no fresh notice is required to be issued to the petitioners as now the petitioners are aware of the proceeding before the Board of Revenue and order on delay condonation application shall be passed by the Board of Revenue on the next date i.e. 22.12.2025 after hearing the counsel for the parties. December 1, 2025 A.Kr* WRIB No. 1117 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench