Maqsood Alam Vs State of Up Thru. Prin. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

Maqsood Alam Vs State of Up Thru. Prin. Secy. Revenue Deptt., Lko. and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file a revision under Section 210 of the Code of 2006 against the impugned order dated 30.12.2024; if so filed, the revisional authority to decide it expeditiously, preferably within six months, in terms of Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with para 458(2) of the U.P. Revenue Court Manual.

Issue for consideration

Whether the writ petition seeking certiorari against the Record Officer/Collector, Unnao's order dated 30.12.2024 (passed under Section 49(8) of the U.P. Revenue Code, 2006) and mandamus for non-interference with the petitioner's possession should be entertained, given the statutory appellate/revisional remedy available under the Code of 2006.

Court's answer

Since the impugned order dated 30.12.2024 was passed by the Record Officer/Collector, Unnao in exercise of power under Section 49(8) of the U.P. Revenue Code, 2006 (under which appeals against Assistant Record Officer's orders lie to the Record Officer), this Court was not inclined to entertain the writ petition and disposed of it with liberty to the petitioner to file revision in terms of Section 210 of the Code of 2006.

Key takeaways

If the petitioner files the revision under Section 210 of the Code of 2006, it shall be decided expeditiously by the revisional authority; in terms of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006 read with para 458(2) of the U.P. Revenue Court Manual, an appeal or revision should preferably be decided within a period of six months.obiter¶9

Detailed headnote1 paragraphs

WRIT-C (High Court of Judicature at Allahabad, Lucknow Bench) – Alternative remedy/maintainability – Petition by Maqsood Alam seeking (i) certiorari quashing order dated 30.12.2024 passed by the Record Officer/Collector, Unnao in Case No. 3112 of 2024 (Computerized Case No. D202410690003112) under Section 49(8) of the U.P. Revenue Code, 2006, and the Assistant Record Officer, Unnao's order dated 27.08.2019, and (ii) mandamus restraining interference with his peaceful possession – Held, since the impugned order was passed in exercise of power under Section 49(8) (by which appeals against Assistant Record Officer's orders lie to the Record Officer and the Record Officer's orders are subject to Section 210), the Court was not inclined to entertain the writ; petition disposed of with liberty to file revision under Section 210 of the Code of 2006 – If revision is filed, the revisional authority shall decide it expeditiously, an appeal or revision being preferable decided within six months per Rule 183(4) of the U.P. Revenue Code Rules, 2016 read with para 458(2) of the U.P. Revenue Court Manual (Saurabh Lavania, J.; decided 3.4.2025).

Neutral Citation No. - 2025:AHC-LKO:18556

Court No. - 7 Case :- WRIT - C No. - 3162 of 2025 Petitioner :- Maqsood Alam Respondent :- State Of Up Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Sarvesh Kumar Verma,Gyan Sagar Awasthi Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

Hon'ble Saurabh Lavania,J.

Heard.

In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.

The present petition has been filed for the following main relief:-

"i. A writ, order or direction in the nature of certiorari thereby quashing the impugned orders dated 30-12-2024 passed by the Record Officer/Collector Unnao and order dated 27-08-2019 passed by the Assistant Record Officer Unnao which is Contained as Annexure No. 10 and 6 to this writ petition.

ii. A writ, order or direction in the nature of Mandamus thereby commanding and directing to opposite party No.2 to 4 to not interfere in the peaceful possession of the petitioner and also maintain the status quo, during the pendency of the writ petition."

Considering the facts of the case including the fact that order impugned dated 30.12.2024 passed by Record Officer/Collector, Unnao, in Case No. 3112 of 2024, Computerized Case No. D202410690003112, in exercise of power under Section 49(8) of U.P. Revenue Code 2006 (in short 'Code of 2006'), which says " Any person aggrieved by an order of the Assistant Record Officer made under sub-section (6) or sub-section (7) [may prefer an appeal within thirty days from the date of such order to the Record Officer in the manner prescribed] and every order of the Record Officer on such appeal shall, subject to the provisions of Section 210, be final. " , this Court is not inclined to entertain the present petition, it is accordingly, disposed of with liberty to the petitioner to file revision in terms of Section 210 of the Code of 2006. If the revision is filed the same shall be decided expeditiously by the revisional authority in terms of Rule 183(4) of the U.P. Revenue Code Rules, 2016 made under U.P. Revenue Code, 2006 read with para 458(2) of U.P. Revenue Court Manual , according to which an appeal or revision should preferably be decided within a period of six months.

With the aforesaid, the present petition is disposed of.

Order Date :- 3.4.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench