Smt. Kiran Pal and Another vs State of U.P. and 11 Others

Heard Mr. Ramesh Chandra, learned counsel assisted by Mr. Shiv Dayal Tiwari, learned counsel for the petitioners, Mr. Pankaj Kumar, learned Standing Counsel for the State-respondents and Mr. Pankaj Kumar Gupta, learned counsel for the respondent- Gram Panchayat.

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The instant petition has been filed for the following relief:

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" issue a writ, order of direction in the nature of certiorari to quash the impugned order dated 11.9.2025 passed by respondent no.2/ Board of Revenue, Prayagraj in Case No.SA/3661/2025/ Siddharth Nagar, Computerized Case No.AL20251763003661 (Ranvir Singh and others vs. Smt. Kiran Pal and others), under Section 208 of U.P. Revenue Code, 2006."

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Learned counsel for the petitioners submitted that the second appeal filed by private respondent arising out of suit under Section 144 of U.P. Revenue Code, 2006 is not maintainable in view of the provisions contained under Para no.163 of the U.P. Revenue Court Manual. He further submitted that proper objections were filed before the Board of Revenue regarding maintainability of second appeal but Board of Revenue has entertained the second appeal filed by private respondent. He placed the provision contained under Para no.163 of U.P. Revenue Court Manual, which is as under:-

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"163. Presentation of petitions to Board of Revenue

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(a) Every appeal or application to the Board of Revenue shall, unless the Board by

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WRIB No. 954 of 2026

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2

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special order in any case otherwise direct, be presented to the Registrar of the Board's office at Allahabad or to a member on tour or to the Commissioner of the Division on tour or to the Additional Commissioner] to the District Officer of the district concerned.

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(b) Every appeal or application to the Board of Revenue presented to a member Lontour, or to the Commissioner or to the Additional Commissioner] or to the District Officer of the district under Rule 163 (a) shall forthwith be sent to the Registrar of the Board's Office at Allahabad.

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(c) Every appeal or application to the Board of Revenue, presented to the Registrar of the Board's Office at Allahabad or received by him under. Rule 163(b) shall immediately be examined and a note recorded on the memorandum or application, as to whether the appeal or application as in due form and stamped to the full extent of the court-fee required and is accompanied by certified copies of the decree or order appealed against and of the judgment in the case passed by all the Courts subordinate to the Board and whether it is prima facie within time or not.

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All defects ascertained shall forthwith be point out in writing by the Registrar of the Board's Office to the person filing the appeal or application. If the defect be that the appeal or application is insufficiently stamped or that necessary copies are wanting, the person filing the appeal or application shall be called upon to remedy it within a reasonable time to be specified in the written intimation aforesaid and his signature obtained on the file. The period of grace in the case of absence of the necessary copies shall not, however, exceed the period of limitation and the person filing such appeal or application shall also be informed that failure to remedy the defect within specified time, will make or the appeal or application liable to be deposited. If the person filing the appeal or application be not present, the necessary intimation shall be sent to him by post, service bearing.

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(d) On receipt in Board's Office, the appeal or application which is not in form, or which prima facie, has not been filed within the period of limitation shall be laid down as soon as possible before the Court for orders.

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(e) In the case of an appeal or application, which is insufficiently stamped a formal order on behalf of the court shall be issued by the Registrar requiring such person to make good the deficiency within a period to be specified therein. On the expiry of this period the appeal or application shall be placed before the Court for order.

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WRIB No. 954 of 2026

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(f) As regards the appeal or application which is not accompanied by the necessary copies, the Registrar shall put up the file for the orders of the Court on the expiry of the period initially allowed for the filing of such copies. But if no such period appears to have been al wed, a fresh period or grace not exceeding the period of limitation, shall be allowed by the Registrar. If on the expiry of this period the wanting copies are still not filed, the appeal or application shall be put up to the Court for orders.

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(g) Until the copies referred to in the above sub-rules have been filed the appeal shall not be considered to have been properly presented

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Note (1) The above-mentioned procedure should be observed mutatis mutandis in dealing with applications for review under both the Uttar Pradesh Tenancy Act, 1939 and the Uttar Pradesh Land Revenue Act, 1901.

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(2) Nothing contained in these rules shall be taken to mean an extension of the period of limitation otherwise applicable in each case."

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He further placed Annexure No.3 to the writ petition, which is copy of the objection filed on behalf of the petitioners before the Board of Revenue.

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Considering the aforementioned facts and circumstances of the case, respondent no.2/ Board of Revenue is directed to consider the petitioners' objection dated 27.8.2025 filed before the Board of Revenue, which is annexed as Annexure No.3 to the instant petition in the light of the provision contained under Para 163 of U.P. Revenue Court Manual and pass appropriate order within period of six weeks from the date of production of certified copy of this order.

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Put up this case as fresh on 27.4.2026.

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(Chandra Kumar Rai,J.)

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March 9, 2026 Rameez

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

Smt. Kiran Pal and Another v. State of U.P. and 11 Others

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Smt. Kiran Pal and Another v. State of U.P. and 11 Others

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