HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 3017 of 2024 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This matter was first taken up on April 1, 2024, wherein the following order was passed:- "Heard learned counsel for the petitioner and learned Standing Counsel. This petition has been filed with the following main prayer:- "(i) To issue writ, order or direction in the nature of certiorari thereby quashing the order dated 21.12.2023 passed by opposite party no.4 same is contained as Annexure No.1 to this writ petition. (ii) To issue writ, order or direction in the nature of mandamus commanding the opposite party no.4 to conclude the proceedings demarcation/boundaries in compliance of order dated 30.11.2023 passed by opposite party no.4." It has been submitted by learned counsel for the petitioner that opposite party no.4 has passed an order in favour of the petitioner on 30.11.2023 in Case No.5318 of 2023 ( Kamta Prasad Vs. Phoolkali and others), a copy of such order has been filed as contained in Annexure no.3 to the writ petition. After such order was passed, the private respondents filed an Appeal under Section Versus Counsel for Petitioner(s) : Anand Dubey, Govind Kumar Pandey Counsel for Respondent(s) : C.S.C., Amit Singh, Kirti Veer Singh, Ravi Shanker Singh, Ravi Shanker Singh Kamta Prasad Dwivedi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue, Lucknow And Others .....Respondent(s) 24(4) of the U.P. Revenue Code, 2006 before the Commissioner, Prayagraj Mandal, Prayagraj. The said appeal was taken up alongwith application for interim relief on 16.12.2023 and the application for interim relief was rejected. Even after such order was passed, it was not brought to the notice of the Sub Divisional Magistrate, Kunda and and concealing the said fact, an application was moved on 21.12.2023 before opposite party no.4 praying for staying of order dated 21.12.2023 and such application has been allowed on the same date i.e. 21.12.2023 by the Sub Divisional Magistrate, Pratapgarh without noticing the said fact that the application for interim relief made by private respondents in the appeal filed under Section 24(4) of the U.P. Revenue Code,2006 has been rejected . Learned Standing Counsel prays for and is granted a week's time to seek instructions from opposite party no.4 as under what circumstances he has passed the order on an application moved by private respondent dated 21.12.2023. List this case in the next week as fresh." 3. It has also come to our knowledge that the interim relief application that was rejected by the Commissioner, Prayagraj Mandal, Prayagraj was taken up in revision by the private respondent, being the respondent No.5 and the said revision has also been rejected by order dated July 16, 2024 by the Member, Board of Revenue. 4. In light of the above, it is clear that no relief has been granted to the private respondent by way of any stay of the order passed by the Sub-Divisional Magistrate on 30.11.2023. 5. As recorded in the order passed by the Division Bench on April 1, 2024, the Sub-Divisional Magistrate has by order dated December 21, 2023 stayed his earlier order dated November 30, 2023, which, in our view, is not permissible in law, as he has no power to stay or review his own order. The moment an order is passed by the Sub- Divisional Magistrate, he becomes functus officio and cannot subsequently pass any order on the same matter. 6. In light of the same, prayer No.(i) of the petition is allowed and the order passed on December 21, 2023 is quashed and set aside. WRIC No. 3017 of 2024 2 Furthermore, it is clear that the order passed by the Sub-Divisional Magistrate on November 30, 2023 is very much in force and there is no stay against the said order by any of the appellate authorities. 7. In light of the same, the Sub-Divisional Magistrate is directed to conclude the proceedings of demarcation of boundaries in compliance of his own order dated November 30, 2023 within a period of four weeks from date. 8. With the above direction, the writ petition is disposed of. October 15, 2025 cks/- WRIC No. 3017 of 2024 3 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench