Neutral Citation No. - 2025:AHC:30200 Court No. - 50 Case :- WRIT - B No. - 251 of 2025 Petitioner :- Guddi Respondent :- Board Of Revenue, U.P. At Prayagraj And 4 Others Counsel for Petitioner :- Aslam Ali,Hriday Narayan Pandey,Kamal Kumar Singh,Rajeshwar Mishra Counsel for Respondent :- C.S.C.,Manoj Yadav,Narendra Kumar Yadav Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Kamal Kumar Singh, learned counsel for the petitioner, Mr. Manoj Yadav, learned counsel for contesting respondent No.4, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the state-respondents. 2. With the consent of learned Counsel for the parties the instant petition is heard finally without inviting counter affidavit. 3. Brief facts of the case are that suit for partition under Section 176 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred as to the U.P. Z.A.& L.R. Act) was filed on behalf of petitioner impleading the respondent No- 4 as defendant No-1 in which preliminary decree was passed by trial court on 20.10.2001 for 1/3 share each in favour of petitioner (plaintiff), respondent No.4-Harihar & respondent No.5-Suresh. In pursuance of the preliminary decree, kurra was prepared by the lekhpal. Against the kurra prepared by the lekhpal and confirmed by court vide order dated 14.09.2022, an appeal was filed by respondent No.4 which was registered as appeal No. 1165 of 2022 computerized case No. C202215000001165 under Section 207 of U.P. Revenue Code, 2006. Aforementioned appeal was heard by Commissioner, Azamgarh Division, Azamgarh and the same was allowed vide judgment dated 13.10.2023 setting aside the order dated 14.09.2022 in respect to plot No.56 only and the matter was sent back before Sub Divisional Officer for fresh consideration. Against the order passed by Commissioner dated 13.10.2023 second appeal was filed on behalf of petitioner before Board of Revenue which was registered as second appeal No.4327 of 2024 under Section 208 of U.P. Revenue Code, 2006. The Broad of Revenue has dismissed the second appeal vide judgement dated 29.1.2024. Hence this petition on behalf of the petitioner for the following relief: "(i) a writ, order or direction in the nature of certiorari to quash the impugned order dated 29.01.2024 passed in Second Appeal No.4327 of 2023 (Guddi Vs. Harihar) as well as order dated 12.06.2024 passed by Board of Revenue in Review Application No.855 of 2024 and also to stay the effect and operation of the order passed by the Commissioner, Azamgarh on 13.10.2023." (ii) a writ, order or direction in the nature of mandamus to issue ad interim mandamus commanding the respondents to maintain status quo on the spot during the pendency of the instant writ petition." 4. Learned counsel for the petitioner submitted that Kurra was prepared by the lekhpal in accordance with law. He further submitted that appeal filed by respondent No.4 has been allowed and matter has been remitted back to re-consider the matter in respect to the plot No.56 only but suit was filed for plot Nos. 56 and 78 as such matter should be reconsidered in respect to the both plots rather one plot. He submitted that order passed by Commissioner, should be modified to the extent that matter should be reconsidered in respect to the plot No.56 as well as 78 in accordance with law. 5. On the other hand Mr. Manoj Yadav, learned counsel for the respondent No.4 submitted that there is no illegality in the order of commissioner remanding the matter in respect to the plot No.56 only as there was no illegality in respect to the kurra prepared by lekhpal in respect to plot No.78. He further submitted that second-appeal as well as review application filed by petitioner have been dismissed in proper manner. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 7. There is no dispute about the fact that appeal under Section 207 of U.P.Revenue Code, 2006 filed by respondent No.4 has been allowed and matter has been remitted back to reconsider the matter relating to preparation of kurra in respect to one plot i.e. plot No.56 and second appeal as well as review application filed by petitioner have been dismissed. 8. It is material to mention that suit for partition was filed in respect to plot Nos.56 and 78 but in appeal filed by respondent No.4, the matter has been remanded back for reconsideration of kurra in respect to the plot No.56 only which is not proper exercise of jurisdiction by Commissioner while allowing the appeal as such the appellate order dated 13.10.2023 passed by Commissioner as well as order dated 29.1.2024/ 12.6.2024 passed by Board of Revenue should be modified to the extent that matter shall be remanded back before Sub Divisional Officer for reconsideration of plot No.56 and 78 both. 9. Considering the entire facts and circumstances of the case, the instant writ petition stands allowed in part and the order dated 13.10.2023 passed by Commissioner Azamgarh, Division Azamgarh as well as order dated 29.1.2024/ 12.6.2024 passed by Board of Revenue is modified to the extent that Sub Divisional Officer shall reconsider the material relating to preparation of kurra in respect to plot nos. 56 and 78 both. The proceeding shall be concluded by the Sub Divisional Officer/ trial court in pursuance of the order of Commissioner as modified by this Court expeditiously preferably within a period of four months from the date of production of Certified Copy of this order. Order Date :- 4.3.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad