Ashok Kumar and 2 Others vs State of U.P. and 8 Others — Allahabad HC (2026) — LawSathi Research

Ashok Kumar and 2 Others vs State of U.P. and 8 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: notice issued to respondent nos. 6 to 8 (steps within ten days; counter affidavit within six weeks; rejoinder affidavit within two weeks thereafter; case listed on 21.5.2026); until further orders of this Court, the effect and operation of the order dated 30.1.2026 passed by respondent no.2/Board of Revenue, U.P. at Prayagraj stayed.

Issue for consideration

Whether the Board of Revenue can allow the revision on the very first date of hearing without notice and opportunity of hearing to the opposite parties, and set aside the order passed in the proceeding under Section 34 of U.P. Revenue Code, 2006 without notice and opportunity of hearing to the recorded tenure holder of the plot in question.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Chandra Kumar Rai, J.), Writ-B No. 1128 of 2026, Ashok Kumar & 2 others v. State of U.P. & 8 others — interim order dated March 18, 2026. Petitioners, sons of deceased Ram Khelawan, challenged the order dated 30.1.2026 of the Board of Revenue, U.P., Prayagraj, whereby the Board allowed the private respondents' revision on the very first date of hearing without notice to the opposite parties, set aside the Naib Tahsildar's order passed under Section 34 of U.P. Revenue Code, 2006 (by which the Naib Tahsildar had recalled a mutation order passed illegally in favour of the private respondent, founded on a sale deed alleged to have been executed about 37 years earlier by Ram Khelawan, and had maintained the petitioners' entry), and remitted the mutation proceeding for fresh decision. The Court framed the question whether the Board of Revenue could allow a revision on the very first date without notice and opportunity of hearing to the opposite parties and to the recorded tenure holder. Notice was issued to respondent nos. 6 to 8, returnable at an early date; steps within ten days; counter affidavit within six weeks; rejoinder within two weeks thereafter; case listed on 21.5.2026. Until further orders, the effect and operation of the Board of Revenue's order dated 30.1.2026 was stayed. No merits holding was recorded at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - B No. - 1128 of 2026

Ashok Kumar And 2 Others

.....Petitioner(s)

	Versus
State Of U.P. And 8 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Akash Kishan, Manoj Kumar Dubey
Counsel for Respondent(s)	: Azad Rai, C.S.C.

Court No. - 55

HON'BLE CHANDRA KUMAR RAI, J.

Heard Mr. Manoj Kumar Dubey, learned counsel for the petitioners, Mr. Shailesh Srivastava, learned Standing Counsel for the Staterespondents and Mr. Azad Rai, learned counsel for the respondent- Gaon Sabha.

Learned counsel for the petitioners submitted that the Board of Revenue on the first date of hearing of the revision has allowed the revision, set aside the order of Naib Tahsildar passed in the proceeding under Section 34 of U.P. Revenue Code, 2006. He further submitted that without issuing any notice to the opposite parties the learned Member, Board of Revenue has allowed the revision setting aside the order passed by Naib Tahsildar and remitted the matter back to decide the mutation proceeding afresh. He further submitted that mutation proceeding which was initiated by the private respondents was on the basis of sale deed alleged to be executed about 37 years before by Ram Khelawan. He further submitted that as soon as the petitioners who are the sons of deceased Ram Khelawan applied for restoration and Naib Tahsildar has recalled the order of mutation passed in illegal manner in favour of private respondent and maintained the entry of petitioners in respect to the plot in question.

Matter requires consideration as to whether the Board of Revenue can allow the revision on the very first date without notice and opportunity of hearing to the opposite parties as well as set aside the order passed in the proceeding under Section 34 of U.P. Revenue Code, 2006 without notice

WRIB No. 1128 of 2026

2

and opportunity of hearing to the recorded tenure holder of the plot in question.

Issue notice to respondent nos.6 to 8 returnable at an early date.

Steps be taken within ten days.

Respondent nos.6 to 8 shall file counter affidavit within six weeks.

Petitioners shall file rejoinder affidavit within two weeks thereafter.

List this case in the daily cause list on 21.5.2026.

Until further orders of this Court, the effect and operation of the order dated 30.1.2026 passed by respondent no.2/ Board of Revenue, U.P. at Prayagraj shall remain stayed.

(Chandra Kumar Rai,J.)

March 18, 2026

Rameez

Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad