Kamla Devi and Another Vs Board of Revenue, U.P., Lko. Thru. Chairman and Another — Allahabad HC (2025) — LawSathi Research

Kamla Devi and Another Vs Board of Revenue, U.P., Lko. Thru. Chairman and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 22.08.2025 of the Board of Revenue U.P., Lucknow quashed; matter remitted to the Board of Revenue, Lucknow for a fresh order after giving opportunity of hearing to the petitioners; no fresh notice required to the petitioners as they are now aware of the proceedings; order on the delay-condonation application to be passed by the Board of Revenue on the next date, i.e. 22.12.2025, after hearing counsel for the parties.

Issue for consideration

Whether the Board of Revenue could lawfully condone the delay of more than two years in filing Revision No.2868 of 2025 (limitation being 60 days) and stay the Naib Tehsildar's order dated 18.11.2022 without issuing any notice on the delay-condonation application or affording the petitioners an opportunity of hearing.

Court's answer

Once the period of limitation has expired, certain rights vest in the party against whom the impugned order was passed.

Ratio / Principle

Delay in preferring the revision cannot be condoned without giving an opportunity of hearing to the opposite party.

Key takeaways

The Board of Revenue's order dated 22.08.2025 condoning the delay and staying the Naib Tehsildar's order without issuance of notice or opportunity of hearing to the petitioners was absolutely erroneous.ratio¶16
By consent of counsel, the petition was disposed of: the impugned order dated 22.08.2025 stands quashed and the matter is remitted back to the Board of Revenue, Lucknow to pass a fresh order after giving the petitioners an opportunity of hearing.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), WRIT-B No. 1117 of 2025, Arun Kumar Singh Deshwal, J., decided 01-12-2025. Against a Naib Tehsildar (Sadar, Ayodhya) order dated 18.11.2022, a revision under Section 210, U.P. Revenue Code, 2006 was preferred before the Board of Revenue, U.P. on 27.06.2025 with a delay-condonation application, the limitation being 60 days but the delay exceeding two years. The Board of Revenue, by order dated 22.08.2025, condoned the delay and stayed the Naib Tehsildar's order without issuing any notice on the delay-condonation application or affording the petitioners an opportunity of hearing. Held: once limitation has expired, rights vest in the party against whom the order was passed, and delay cannot be condoned without giving the opposite party an opportunity of hearing; the Board's action was absolutely erroneous. Petition disposed of by consent quashing the order dated 22.08.2025 and remitting the matter to the Board of Revenue for fresh orders after hearing the petitioners; no fresh notice to the petitioners; the delay-condonation application to be decided on 22.12.2025 after hearing counsel.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - B No. - 1117 of 2025

Kamla Devi And Another

.....Petitioner(s)

Versus

Board Of Revenue, U.P., Lko. Another	Thru. Chairman And	.....Resp	ondent(s)
Counsel for Petitioner(s)	: Rakesh Kumar Kumar Srivastava	Srivastava,	Brijesh
Counsel for Respondent(s)	: C.S.C., Rajesh Ku	mar Pandey

Court No. - 22

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioners and Sri Rajesh Kumar Pandey, learned counsel for the Board of Revenue and Sri Abhishek Pandey, learned Additional Chief Standing Counsel for the State.

Present petition has been filed for quashing the order dated 22.08.2025 passed by opposite party no.1 i.e. Board of Revenue U.P. Lucknow in Revision No.2868 of 2025/ Ayodhya (Computerised Case No.R20250423002868) Rambali vs Kamla Devi & another U/S 210 of U.P. Revenue Code 2006.

Contention of learned counsel for the petitioners is that against the order dated 18.11.2022 passed by the Naib Tehsildar, Sadar, Ayodhya, a Revision No.2868 of 2025/ Ayodhya, under Section 210 of U.P. Revenue Code, 2006 along with delay condonation application was preferred on 27.06.2025 before the Board of Revenue, Lucknow but the Board of Revenue without issuing any notice on the delay condonaton application not only condoned the delay but also stayed the order of Naib Tehsildar on 18.11.2022. This exercise is illegal and erroneous and against the established question of law.

Learned counsel for the opposite party no.2 though opposed the prayer but could not dispute the legal position.

Considering the aforesaid submission and taking into account, the revision was preferred after the delay of more that two years though limitation is 60

WRIB No. 1117 of 2025

2

days from the date of order but Board of Revenue, by the impugned order without giving opportunity of hearing or issuance of notice to the petitioners, condoned the delay and stayed the order passed by the Naib Tehsildar by the impugned order dated 22.08.2025 which is absolutely erroneous as once the limitation has expired then certain right vested in the party rent against whom impugned order under challenged has been passed, therefore, delay cannot be condoned without giving opportunity of hearing to the opposite party.

With the consent of learned counsel for the parties, the present petition is disposed of by quashing the impugned order dated 22.08.2025 passed by Board of Revenue U.P. Lucknow with direction to the concerned authority to pass fresh order and matter is remitted back to Board of Revenue, Lucknow to pass fresh order after giving opportunity of hearing to the petitioners.

It is made clear that no fresh notice is required to be issued to the petitioners as now the petitioners are aware of the proceeding before the Board of Revenue and order on delay condonation application shall be passed by the Board of Revenue on the next date i.e. 22.12.2025 after hearing the counsel for the parties.

December 1, 2025 A.Kr*

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench