HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 25650 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Sunil Kumar Dubey, learned Counsel for the petitioner, Mr. Dinesh Kumar Tiwari, learned Standing Counsel for the State-respondents. 2. Brief facts of the case are that petitioner along with others were allotted plot in question in the year 2001 for agricultural purpose. Proceedings under Section 198(4) of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as the "U.P.Z.A.& L.R.Act) was initiated, which was registered as Case No. 87 of 2016 (State vs. Rajveer). The Additional Collector (City), Aligarh vide order dated 18.12.2023 decided the aforementioned case, affirming the allotment of the petitioner along with other allottees but the allotment of certain allottee were cancelled by the same order. Against the order dated 18.12.2023, the persons whose allotment was cancelled filed a revision, but no revision was filed by the State against the order dated 18.12.2023 by which the petitioner's allotment was affirmed. In pursuance of the order dated 18.12.2023, the petitioner filed an application Versus Counsel for Petitioner(s) : Sunil Kumar Dubey Counsel for Respondent(s) : C.S.C. Samsuddin .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) under Section 76 of the U.P. Revenue Code, 2006 for recording of his name as bhumidhar with transferable rights but Sub- Divisional Magistrate vide order dated 14.10.2024 rejected the petitioner's application. Against the order dated 14.10.2024, a revision filed by the petitioner, was allowed by the Commissioner Aligarh Mandal, Aligarh vide order dated 13.1.2025 setting aside the order dated 14.10.2024 and petitioner along with other allottees were directed to be recorded as bhumidhar with transferable rights. Against the revisional order dated 13.1.2025 arising out of proceeding under Section 76 of U.P. Revenue Code, 2006 a time-barred revision has been filed by the State before the Board of Revenue, which is pending as Revision No. 4906 of 2024. Hence, this writ petition for the following relief: "issue a writ, order or direction in the nature of Mandamus commanding the respondents to implement the order dated 13.1.2025 (Annexure No.7 to the writ petition) passed by Commissioner, Aligarh Mandal, Aligarh in Revision No.1218 of 2024 (Computerized Case No.C202418000001218) (Samsuddin & others Vs. State of U.P.), under Section 210 of Uttar Pradesh Revenue Code, 2006 in the revenue records/khatauni." 3. Learned counsel for the petitioner submitted that in spite of the revisional order dated 13.1.2025, the name of petitioner has not been recorded as bhumidhar with transferable right over the plot in question as such, authorities be directed to record the name of the petitioner as bhumidhar with transferable right over the plot in question forthwith. He submitted that after WRIC No. 25650 of 2025 2 filing the instant writ petition before this Court, the time-barred revision has been filed by the State against the revisional order dated 13.1.2025 arising out of proceeding under Section 76 of U.P. Revenue Code, 2006 which is pending. He further submitted that in the pending revision, no interim order is operating as such, there is no difficulty to record the name of petitioner as bhumidhar with transferable right and this shall be subject to adjudication of any dispute in respect to the petitioner's allotment in accordance with law. He further submitted that filing of the time barred revision before Board of Revenue at the instance of the State against the revisional order passed in proceeding under Section 76 of U.P. Revenue Code, 2006 is abuse of process of law, as no proceeding has been initiated by State against the order passed under Section 198(4) of U.P.Z.A. & L.R. Act by which petitioner's allotment was affirmed. He submitted that prayer made in the instant writ petition should be allowed. 4. On the other hand, Mr. Dinesh Kumar Tiwari, learned Standing Counsel for the State respondent submitted that in view of the pendency of revision filed by State, prayer made by the petitioner has not been accepted by the authorities. He submitted that as soon as the pending revision filed by State is decided by the Board of Revenue, the proper steps shall be taken by the authorities in respect to the petitioner's claim for recording of his name as bhumidhar with transferable right. 5. I have considered the arguments advanced by learned WRIC No. 25650 of 2025 3 Counsel for the parties and perused the record. 6. There is no dispute about the fact that the proceedings under Section 198(4) of the U.P.Z.A.&L.R. Act so far as petitioner's allotment is concerned has attained finality vide order dated 18.12.2023. There is also no dispute about the fact that application under Section 76 of U.P. Revenue Code, 2006 filed on behalf of the petitioner was rejected by the Sub-Divisional Officer, but the revision filed by petitioner has been allowed directing to record the name of petitioner as bhumidhar with transferable right. There is also no dispute about the fact that a time-barred revision filed by the State against the revisional order passed in the proceeding under Section 76 of U.P. Revenue Code, 2006 is pending, in which no interim order is operating. 7. In order to appreciate the controversy involved in the matter, perusal of the operative portion of the order dated 18.12.2023 passed by Additional Collector (City), Aligarh will be relevant, which is as under: "आदेश पत्रक न्यायालय : अपर िजलािधकारी, नगर मण्डल : अलीगढ़ जनपद अलीगढ़ तहसील: कोल वाद संख्या :- 87/2016 कं प्यूटरीकृ त वाद संख्या:- D201618020087 सरकार बनाम राजवीर अन्तगर्त धारा :- 198 (4), अिधिनयम: उ०प्र०ज० िव० भू० व्य० अिधिनयम, 1950 WRIC No. 25650 of 2025 4 मौजा-अदौन नकल िनणर्य िदनांक 18.12.2023 आदेश अतः उपरोक्त िववेचना के आधार पर आदेश िकया जाता है िक आवंटन पत्रावली के 57 ख के क्रम संख्या-1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 23, 25, 28, 29, 32, 33, 35, 36, 37, 39, 40, 41, 45, 46, 47, 49, 50, 51, 52, 55, 56, 58, 59, 60, 61, 62, 63, 64, 71, 74, 76, 80, 81, 82, 83, 86, 87, 90, 91, 93, 95 व 30, 38, 54, 77, 78, 84, 94 व 17, 18, 19, 22, 34 व 20, 24, 26, 31, 53, 57, 92 अंिकत आवंटन बहाल िकये जाते है तथा आवंटन पत्रावली के क्रम संख्या- 27, 35 व 67, 68, 69 व 72, 73, 79 व 6, 7, 72, 43, 44, 48, 65, 66, 70, 89 व 88, 96 व 75 पर अंिकतआवंटन िनरस्त िकये जाते है। उप िजलािधकारी काल की आख्या िदनांक 05.12.2023 आदेश का अंग रहेगी तदनुसार परवाना अमलदरामद जारी हो। पत्रावली वाद आवश्यक कायर्वाहीं दािखल दफ्तर हो। िदनांक 18.12.2023 (अिमत कु मार भटट) अपर कलेक्टर (नगर) अलीगढ़ ।" 8. The order dated 18.12.2023 passed under Section 198(4) of U.P.Z.A. & L.R.Act as quoted above demonstrates that petitioner's allotment, which is mentioned in the fourth line at serial no.90 of the operative portion of the order has been maintained by the Additional Collector and no revision has been filed by the State against the order dated 18.12.2023, as such, there is no illegality in the revisional order dated 13.1.2025 passed in the proceeding under Section 76 of U.P. Revenue Code, 2006 for recording the name of petitioner as bhumidhar with transferable right. 9. 9. It is material to mention that the time-barred revision at the instance of State, which is pending before the Board of Revenue has been filed against the revisional order passed in WRIC No. 25650 of 2025 5 the proceeding under Section 76 but there is no revision by the State against the order passed in the proceeding under Section 198(4) of U.P.Z.A. & L.R. Act. 10. Considering the entire circumstances of the case, the writ petition stands allowed. Respondent No. 3-Collector/ District Magistrate, Aligarh is directed to take immediate steps for recording the name of petitioner as bhumidhar with transferable right over the plot in question in pursuance of the revisional order dated 13.1.2025 passed by Commissioner, Aligarh Mandal, Aligarh. The aforementioned exercise shall be concluded by respondent no.3-Collector/District Magistrate, Aligarh within period of three weeks from the date of production of certified copy of this order before him, which shall be subject to adjudication of dispute, if any, in respect to petitioner's allotment. September 21, 2026 Rameez WRIC No. 25650 of 2025 6 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad