Quashed

Sushil Kumar Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. and 5 Others

Allahabad HC4 Sept 2024/4223/2024

Case brief

AI extract

What is this about?

This single-judge matter on Article 227 concerned a petition seeking directions to expedite a pending revenue case. The Court held that no direct writ was required, directing the petitioner to approach the Board of Revenue under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual.

What did the court decide?

Petitioner to file application under Rule 494 of Chapter 50 of U.P. Revenue Court Manual before Board of Revenue within one week.

Sushil Kumar Gupta Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60706

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 4223 of 2024

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Petitioner :- Sushil Kumar Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard the learned counsel for the petitioner and the learned Standing Counsel for the Staterespondents.

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This petition has been filed with the following main prayer:-

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"issue a direction to the opposite party no.2 i.e. Tehsildar, Tehsil Kunda, District Pratapgarh to decide the pending case No.6966 of 2021 (Computerized Case No.T-202102570106966) under section 34 of the U.P. Revenue Code 2006 "Sushil Kumar Vs. Krishna Kumar" pending since 27.09.2021, expeditiously within stipulated period as early as possible."

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It has been submitted by the learned counsel for the petitioner that the aforesaid case is pending before the respondent no.2 since long.

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Hence this petition.

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Learned Standing Counsel has raised an objection as to the maintainability of the petition and has referred to the amendment carried in the U. P. Revenue Court Manual where Chapter 50 has been introduced and in Rule 494, it has been provided that the Board of Revenue on an application duly supported by an afÏdavit can direct the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it.

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The Tehsildar, Tehsil Kunda, District Pratapgarh acts as a revenue courts subordinate to the Board of Revenue and therefore, it would be

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appropriate that this Court direct the petitioner to approach the Board of Revenue as statutory remedy is available under paragraph 494 of Chapter 50 of U.P. Revenue Court Manual.

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This petition is disposed of with a direction to the petitioner to file an application for expeditious hearing under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual, within one week from today, before the Board of Revenue alongwith the afÏdavit complete in all respect. The Board of Revenue shall consider the prayer of the petitioner and pass appropriate orders in accordance with law within three weeks thereafter.

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Order Date :- 4.9.2024

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ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Sushil Kumar Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. and 5 Others

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Sushil Kumar Gupta v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Lko. and 5 Others

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