HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - B No. - 1159 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. (Order on Application for Amendment) 1. Heard Sri Som Kartik Shukla, learned counsel for petitioner as well as learned Standing Counsel for the State-respondents. 2. Learned counsel for petitioner presses the application for amendment. 3. In view of the facts stated in the affidavit filed in support of application for amendment, the application for amendment is allowed. 4. Learned counsel for petitioner prays for and is directed to make necessary amendment in the memo of writ petition during course of the day. (Order on Writ Petition) 1. Heard Sri Som Kartik Shukla,, learned counsel for petitioner as well as learned Standing Counsel for the State-respondents. 2. At the very outset, learned counsel for petitioner prays for and is permitted to implead Additional Commissioner, Ayodhya Division, Barabanki as party in the memo of writ petition during course of the day. 3. With the consent of the parties, this Court is proceeding to decide the matter finally at the admission stage. 4. It is submitted by learned counsel for petitioner that an application under Section 28 of U.P. Land Revenue Act, was moved by respondent Nos. 3 & 4 before the Collector, Barabanki which application was Versus Counsel for Petitioner(s) : Som Kartik Shukla, Ravi Kant Shukla Counsel for Respondent(s) : C.S.C., Abhijeet P. Singh Chauhan Ravindra Singh Bhadauria .....Petitioner(s) Board Of Revenue, Lko. Thru. Chairman And Others .....Respondent(s) rejected by means of an order dated 8/9/2020. Thereafter, respondent Nos. 3 & 4 had filed a revision before the Additional Commissioner (Judicial), Ayodhya Division, Ayodhya. 5. It is submitted that the petitioner was an opposite party in the aforesaid proceedings and had moved a transfer application before the Board of Revenue. The Board of Revenue, by means of an order dated 30/8/2022, has allowed the transfer application and transferred the revision to the Court of Commissioner, Lucknow Mandal, Lucknow. The said order dated 30.08.2022 was duly communicated to the Additional Commissioner (Judicial), Ayodhya Division, Ayodhya, who took cognizance of the same while passing the order dated 30.08.2022. Despite being in knowledge of the fact that the proceedings have been transferred from his court to the Commissioner, Lucknow Mandal, Lucknow he has still proceeded to decide the dispute by means of the impugned order dated 27/4/2023. 6. The order dated 27/4/2023 was assailed by the petitioner before the Board of Revenue, but the Board of Revenue, ignoring the fact that the revisional authority did not have any power to decide the dispute, especially when the proceedings had been transferred from his court, still proceeded to reject the revision of the petitioner. Consequently, in the present writ petition, the petitioner has challenged the validity of the orders dated 16/9/2025 and 27/4/2023. 7. The only ground urged by the petitioner is that once the transfer application has been allowed, the regional authority, i.e. Additional Commissioner (Judicial), Ayodhya Division, Ayodhya did not have any power or authority to further proceed in the said matter and has been rendered functus officio, and instead of transferring the file to the transferred authority, proceeded to hear the matter. 8. Shri Amitesh Pratap Singh, learned counsel for respondent No. 3 does not contest the said fact nor does he oppose the arguments raised by the petitioner. 9. Accordingly, this court is of the considered view that the impugned order dated 27/4/2023 was clearly beyond the authority and jurisdiction of the revisional authority and is illegal and arbitrary and therefore set aside. WRIB No. 1159 of 2025 2 Even the order passed by the Board of Revenue, upholding the order dated 16.09.2025, is rendered illegal and arbitrary and consequently set aside. Accordingly, the writ petition is allowed. The Additional Commissioner (Judicial), Ayodhya Division, Ayodhya, is directed to transmit the file forthwith to the Commissioner, Lucknow Mandal, Lucknow, as per the order of the Board of Revenue dated 30/8/2022, and the Commissioner, Lucknow Mandal, Lucknow, in turn, is directed to proceed to consider and decide the matter expeditiously in accordance with law after giving opportunity of hearing to all the parties concerned. December 11, 2025 Ravi/ WRIB No. 1159 of 2025 3 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench