HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - B No. - 2056 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard learned counsel for the petitioners, Sri Ganesh Mani Tripathi, learned counsel for respondent nos.2 to 4, Sri Hari Mohan Srivastava, learned Addl. C.S.C. for the state-respondents and Sri Azad Rai, learned counsel for respondent no.5/Land Management Committee. 2. Brief facts of the case are that petitioners filed a case under Section 30 of the U.P. Revenue Code, 2006. Additional Collector vide order dated 8.10.2024 allowed the case and ordered for correction of map. Respondent nos. 2 to 4 filed a revision on 24.12.2024 under Section 210 of the U.P. Revenue Code, 2006 along with prayer for condonation of delay. The Board of Revenue, without passing any order on the delay condonation matter, has granted interim order on 8.1.2025 in the pending revision. Hence, the instant petition for the following reliefs:- "A) To issue a writ, order or direction in the nature of certiorari quashing the ex parte impugned order dated 08.01.2025 passed by Respondent No. 1 in Revision No. 5535 of 2024, Computerized No. AL20240257005535, Rama Shankar and others Vs Ram Nath and others, U/S 210 U.P. Revenue Code 2006, Annexure No. 1 to the Writ petition. B) To issue a writ, order or direction in the nature of mandamus, commanding the respondent no.1 U.P. Board of Revenue U.P. at Prayagraj to decide the Revision no. 5535 of 2024, Computerized NO. Versus Counsel for Petitioner(s) : Kripa Shanker Yadav, Sheo Ram Singh Counsel for Respondent(s) : Azad Rai, C.S.C., Ganesh Mani, Shailendra Kumar Kushwaha Ram Nath And Another .....Petitioner(s) Board Of Revenue Up And 5 Others .....Respondent(s) AL20240257005535, Rama Shankar and others Vs Ram Nath and others, U/S 210 U.P. Revenue Code 2006, expeditiously, within the period so stipulated by this Hon'ble Court. C) To issue any such writ order or direction or suitable direction which pass this Hon'ble Court may deem fit and proper under the facts and circumstances of this case." 3. This Court entertained the matter on 29.5.2025 and passed the following order:- "The submission of learned Counsel for the petitioner is that, by the impugned order dated 08.01.2025, passed in Revision No. 5535/24/Pratapgarh, the Board of Revenue, U.P. at Prayagraj has stayed the operation of the demarcation order dated 08.10.2024 passed by the Additional Collector-I, Pratapgarh under Section 30 of the U.P. Revenue Code, 2006 without condoning the delay. It is argued that, till the delay is condoned, the Board had no jurisdiction to issue notice on the revision and, particularly, grant interim stay of operation of the order passed by the Additional Collector. Issue notice. Notice on behalf of respondent nos. 1 and 6 is accepted by Mr. Girijesh Kumar Tripathi, learned Additional Chief Standing Counsel and that on behalf of respondent no. 5 by Mr. Azad Rai, Advocate. Both the learned Counsel for the respondents are granted three weeks' time to file counter affidavits. Steps to serve respondent nos. 2, 3 and 4 shall be taken by R.P.A.D. within a week. List for admission on 14.07.2025 along with a report regarding service and the postal track attached. A report regarding status of pleadings shall also be made by the office. Till the next date of listing, further proceedings in the revision before the Board of Revenue shall remain stayed. WRIB No. 2056 of 2025 2 Let this order be communicated to the Registrar, Board of Revenue, U.P. at Prayagraj through the learned Civil Judge (Senior Division), Allahabad by the Registrar (Compliance) by Monday i.e. 02.06.2025" 4. In pursuance of the order dated 29.5.2025, counter affidavit has been filed on behalf of respondent nos. 2 to 4. 5. Counsel for the petitioners submitted that the court concerned cannot grant interim order in the matter unless the delay in filing the proceeding is condoned in proper manner. He submitted that the impugned order, granting interim protection in revision under Section 210 of the U.P. Revenue Code, 2006 is wholly illegal, as such, the order should be set aside. 6. On the other hand, learned counsel for the respondent submitted that there was delay of 10 days in filing the revision, as such, there is no illegality in the order passed by the Board of Revenue. He submitted that the revision is pending before the Board of Revenue, as such, petitioners should contest the proceeding before the Board of Revenue. 7. I have considered the arguments advanced by learned counsel for the parties and perused the records. 8. There is no dispute about the fact that time barred revision filed by the respondents under Section 210 of the U.P. Revenue Code, 2006, arises out of the proceeding under Section 30 of the U.P. Revenue Code, 2006 is pending before the Board of Revenue. There is also no dispute about the fact that the Board of Revenue has passed interim order on 8.1.2025 in the time barred revision. 9. The law is well settled that in time barred proceeding, delay condonation matter should be disposed of first. In the instant matter the Board of Revenue, without passing the order for condonation of delay, granted interim order which is not proper exercise of jurisdiction in time barred proceeding. 10. Considering the entire facts and circumstances of the case, the impugned order dated 8.1.2025, passed by the Board of Revenue is WRIB No. 2056 of 2025 3 liable to be set aside and the same is hereby set aside. 11. The writ petition is allowed. The matter is remitted back before the respondent no.1/Board of Revenue, U.P. at Prayagraj to pass necessary order on the delay condonation application, taking liberal view in the delay condonation matter as delay is not inordinate. The Board of Revenue after passing necessary order on the delay condonation matter, shall pass order on admission and stay application. Thereafter, the revision shall be decided on merit, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. September 18, 2025 C.Prakash WRIB No. 2056 of 2025 4 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad