Vishram Maurya and Others vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

Vishram Maurya and Others vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: the status quo regarding the status of the land shall remain stayed till the next date of listing; counter affidavits within three weeks, rejoinder within two weeks thereafter, case to be listed after six weeks. No final relief or adjudication on merits at this stage.

Issue for consideration

Whether the State Government's application dated 8.7.2022 under Section 128 of the U.P. Revenue Code seeking cancellation of the bhumidhari patta granted on 27.10.2004 is maintainable, given the petitioners' contention that it is barred by Section 128(1A) of the U.P. Revenue Code, which precludes entertainment of such applications after expiry of the period of five years. +1 more

Ratio / Principle

The Court deferred substantive adjudication, recording that the matter requires consideration; it directed learned Standing Counsel and learned counsel for the Gaon Sabha to file counter affidavits within three weeks, permitted a rejoinder affidavit within two weeks thereafter, and directed that the case be listed after six weeks.

Key takeaways

As interim protection pending the next hearing, the Court ordered that the status quo regarding the status of the land shall remain stayed until the next date of listing.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 22 — Writ – B No. 1134 of 2025 — Vishram Maurya and others v. State of U.P. thru. Prin. Secy. Revenue Deptt., Lko. and others — single bench of Hon'ble Arun Kumar Singh Deshwal, J.; decision dated December 1, 2025. Petition filed to quash (i) Revenue Board order dated 28.8.2025 in Case No. REV/1739/2025/Hardoi, (ii) A.D.M. (Judicial), Lucknow Division, Sandila, Hardoi order dated 28.1.2025 in Case No. 195/2022 cancelling the allotment, and (iii) inquiry report dated 7.7.2022. Petitioners hold a bhumidhari patta awarded on 27.10.2004; relying on a report recording the land as forest bush, the State applied on 8.7.2022 under Section 128 U.P. Revenue Code for cancellation. Counsel contends the application is barred by Section 128(1A) of the U.P. Revenue Code (five-year limitation) and not maintainable; the A.D.M. (Judicial) nonetheless cancelled the allotment and the revision was dismissed. At this interlocutory stage the Court fixed a counter-affidavit (three weeks)/rejoinder (two weeks) timetable, listed the matter after six weeks, and directed that till then the status quo regarding the status of the land shall remain stayed. Matter requires consideration; no final adjudication.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - B No. - 1134 of 2025

Vishram Maurya And Others

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others

.....Respondent(s)

Counsel for Petitioner(s)	: Ripu Daman Shahi, Saurabh Singh
Counsel for Respondent(s)	: C.S.C., Dilip Kumar Pandey

Court No. - 22

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri R.D. Shahi, learned counsel for the petitioners, Sri Dilip Kr. Pandey, learned counsel for the Gaon Sabha and Sri Arun Kr. Singh, learned Standing Counsel.

The instant petition has been filed to quash the order dated 28.8.2025 passed by Revenue Board in Case No. REV/1739/2025/Hardoi; order dated 28.1.2025 passed by A.D.M. (Judicial) Lucknow Division, Sandila, Hardoi in Case No. 195/2022 as well as the inquiry report dated 7.7.2022.

Contention of learned counsel for the petitioners is that the petitioners were awarded bhumidhari patta on 27.10.2004. Subsequently, the State Government file an application under Section 128 U.P. Revenue Code on 8.7.2022, seeking cancellation of the bhumidhari patta of the applicant on the basis of the report dated 7.7.2022, showing that the land in question had been recorded as forest bush. Though objection was raised by the petitioners that application for cancellation of patta is not maintainable under Section 128(1A) of U.P. Revenue Code, even then the A.D.M. (Judicial) has cancelled the allotment of the land by order dated 28.1.2024 against which a revision was preferred by the petitioner which was also dismissed. It is further submitted that the application of the State Government filed under Section 128 of the U.P. Revenue Code is barred by Section 128(1A) of the Revenue Code and the same cannot be entertained after expiry of the period of five years.

WRIB No. 1134 of 2025

2

Matter requires consideration.

Learned Standing Counsel as well as learned counsel for the Gaon Sabha are directed to file counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.

List this case after six weeks.

Till the next date of listing, the status quo regarding status of the land shall remain stayed.

(Arun Kumar Singh Deshwal,J.)

December 1, 2025

Vandana

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad, Lucknow Bench