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2026 DAILYLAW 6551 (ALL)

PREM CHAND v. STATE OF U.P. AND 5 OTHERS

WRIC/26409/2026 · 2026-09-10

Chandra Kumar Rai

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 26409 of 2026 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Utkarsh Tripathi, learned counsel for the petitioner, Mr. Vijay Kumar Dubey, learned counsel for respondent no.6 and Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents. 2. The instant writ petition has been filed for the following relief: (a) To issue a writ, order or direction in the nature of certiorari calling for the records and quashing the impugned orders dated 11.05.2026 passed by respondent no.-2 (Additional Commissioner, Basti Division, District Sant Kabir Nagar) in Case Number 1298 of 2025 (Computerized No.-Allaha2517000001298), Premchand Vs. Ashok Kumar and order dated 09.09.2025 passed by respondent no.-4 (Sub Divisional Officer, Tehsil Khalilabad, District Sant Kabir Nagar) in Case Number 11502 of 2025 (Computerized No.- T202517650211502), Ashok Kumar VS State of U.P. and others (Annexure No.- 1 to this petition.)" 3. Learned counsel for the petitioner submitted that petitioner's objection which has been filed against the demarcation of the field book, has been rejected vide order dated 09.09.2025 in illegal and arbitrary manner, accordingly, appeal under Section 24(4) of U.P. Revenue Code, 2006 has been filed on behalf of the petitioner, which has also been dismissed without considering the case as set up in Versus Counsel for Petitioner(s) : Ram Sagar, Utkarsh Tripathi Counsel for Respondent(s) : C.S.C., Vijay Kumar Dubey Prem Chand .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) appeal. He submitted that both the impugned orders should be set aside and matter should be sent back before Sub Divisional Officer to decide the proceeding under Section 24 of U.P. Revenue Code, 2006 afresh after affording opportunity of hearing to the parties. 4. Mr. Vijay Kumar Dubey, learned counsel for the private respondent no.6 and Mr. R.C.Srivastava, learned Additional Chief Standing Counsel for the State submitted that alternative remedy of revision under Section 210 of U.P.Revenue Code, 2006 is available to the petitioner as such writ petition cannot be entertained. They further submitted that proceeding under Section 24 of U.P.Revenue Code, 2006 initiated by the respondent no.6 in respect to the plot no.365 has been rightly decided while plot no. 368 belongs to petitioner as such there is no illegality in exercise of jurisdiction by the Sub Divisional Officer. 5. I have considered the arguments advanced by the learned counsel for the petitioner, learned counsel for the private respondent no.6, learned Additional Chief Standing Counsel for the State-respondents and perused the record. 6. There is no dispute about the fact that proceeding under Section 24 of U.P. Revenue Code, 2006 filed by the petitioner has been decided by sub divisional officer vide order dated 9.9.2025. 7. In order to appreciate the controversy involved in the matter, perusal of section 24 (4) of U.P. Revenue Code, 2006 will be relevant, which is as under:- "Section 24 of U.P. Revenue Code (4) Any person aggrieved by the order of the Sub- Divisional Officer may prefer an appeal before the Commissioner within 30 days of the such order. [The order of the Commissioner shall, subject to the provisions of Section 210, be final]." WRIC No. 26409 of 2026 2 8. Perusal of Section 24 (4) of U.P. Revenue Code, 2006 demonstrate that order passed under Section 24 (4) of U.P. Revenue Code, 2006 is final subject to provisions of Section 210 of U.P. Revenue Code, 2006. 9. Considering the circumstances of the case, petitioner should file revision in accordance with law. 10. Considering the entire facts and circumstances of the case, the writ petiton is dismissed with liberty to petitioner to file revision under Section 210 of U.P.Revenue Code, 2006 within a period of three weeks from today along with prayer for condonation of delay. It is further directed that revisional court shall take liberal view on the delay condonation matter and decide the revision on merrit considering the delay condonation matter first expeditiously in accordance with law. September 11, 2026 PS* WRIC No. 26409 of 2026 3 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad