Supreme Court - Daily Orders
Natthu vs Board Of Revenue Circuit Court Agra on 15 April, 2026
ITEM NO.34 COURT NO.14 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S).8272/2020
[ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 18-12-2019
IN WB NO. 3083/2019 PASSED BY THE HIGH COURT OF JUDICATURE AT
ALLAHABAD]
NATTHU PETITIONER(S)
VERSUS
BOARD OF REVENUE CIRCUIT COURT AGRA & ORS. RESPONDENT(S)
IA NO. 126661/2022 - EXEMPTION FROM FILING O.T.
IA NO. 61710/2020 - EXEMPTION FROM FILING O.T.
Date : 15-04-2026 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MANOJ MISRA
HON'BLE MR. JUSTICE MANMOHAN
For Petitioner(s) : Mr. Mayank Dahiya, Adv.
Mr. Vishal Yadav, Adv.
Ms. Sandhya Gaur, Adv.
Mr. Ajay Pal, AOR
For Respondent(s) : Mr. Tanmaya Agarwal, AOR
Mr. Wrick Chatterjee, Adv.
Mrs. Aditi Agarwal, Adv.
Mr. Udit Bhardwaj, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties.
2. This petition seeks to impugn order dated 18.12.2019 by which the High Court of Judicature at Allahabad dismissed the Writ Petition of the petitioner against a delay condonation order on the ground that the petitioner would have remedy to challenge the final order, if the Signature Not Verified Digitally signed by BORRA LM VALLI Date: 2026.04.16 petitioner is aggrieved with the same.
16:58:48 ISTReason:
3. It appears from the record that an ex parte decree 1 was obtained by the petitioner on 30.09.1987 in a suit under Section 229B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, “UP ZA and LR Act”). The State, being the defendant in the Suit, applied for setting aside of the ex parte decree claiming that it had not been served with the notice of the proceedings. The said restoration application/application for setting aside decree, was allowed, the ex parte decree was set aside and the suit was restored vide order dated 14.08.1989.
4. Aggrieved by the order restoring the proceedings, the petitioner filed an appeal before the Commissioner under Section 331 of the UP ZA and LR Act. The said appeal was allowed vide order dated 27.03.1991.
5. It appears from the record that when the order dated 27.03.1991 came to the notice of the State, they filed a Revision before the Board of Revenue under Section 333 of the UP ZA and LR Act along with an application of condonation of delay. In the application seeking condonation of delay, it was stated that the State was not aware of the appellate proceedings. It was also stated that against the order dated 14.08.1989, an appeal could not have been filed.
6. The Board of Revenue being satisfied with the explanation, condoned the delay.
7. Aggrieved by the order condoning the delay, Writ Petition was filed before the High Court which came to be 2 dismissed by the impugned order.
8. The submission of the learned counsel for the petitioner is that the Board did not record any reasons for condoning delay of nearly twenty eight years in filing the Revision.
9. Per contra, on behalf of the State, it is submitted that it was stated specifically in the delay condonation application that State was not aware of the appellate proceedings. Besides, an appeal was not maintainable against the order of restoration of the suit as the appropriate remedy was to prefer a Revision. In such circumstances, if the Board of Revenue had condoned the delay, there was no good reason to interfere with the order passed by the Board of Revenue.
10. We find substance in the submission of the learned counsel for the respondent. Besides, we are of the view that as and when a final order is passed by the Board of Revenue, the petitioner, if aggrieved, can raise the plea that the order dated 27.03.1991 was not liable to be interfered with.
11. In such circumstances, we do not find a good reason to interfere with the impugned order.
12. The Special Leave Petition is dismissed.
Pending application(s), if any, shall stand disposed of.
(B. LAKSHMI MANIKYA VALLI) (SAPNA BANSAL)
COURT MASTER (SH) COURT MASTER (NSH)
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