Tamheed Fatima Vs State of U.P., Thru. Chief… — Writ and Judicial Review | Allahabad HC (2024)

Tamheed Fatima Vs State of U.P., Thru. Chief… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition 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, with complete affidavit, before the Board of Revenue within one week; the Board of Revenue to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Issue for consideration

Whether the Court should direct respondent no.3, the Additional District Magistrate (Executive), Ayodhya, to decide Case No. 429 of 2024 under Section 30 of the UP Land Revenue Code, 2006 within a stipulated time period. +1 more

Ratio / Principle

The Additional District Magistrate (Executive), Ayodhya acts as a revenue court subordinate to the Board of Revenue.

Key takeaways

Since a statutory remedy is available under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual, it is appropriate that the petitioner be directed to approach the Board of Revenue rather than obtain relief from this Court.ratio¶12
The 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, together with a complete affidavit, before the Board of Revenue within one week.ratio¶13

Detailed headnote1 paragraphs

Article 227 petition by Tamheed Fatima seeking a direction to the Additional District Magistrate (Executive), Ayodhya to decide Case No. 429 of 2024 under Section 30 of the UP Land Revenue Code, 2006 within a stipulated time. The Court recorded the Standing Counsel's maintainability objection based on the amended U.P. Revenue Court Manual, wherein Chapter 50, Rule 494 empowers the Board of Revenue, on an affidavit-supported application, to direct expeditious hearing of suits, appeals, revisions or other proceedings pending before courts subordinate to it. Holding that the Additional District Magistrate (Executive), Ayodhya acts as a revenue court subordinate to the Board of Revenue, the Court disposed of the petition, directing the petitioner to approach the Board of Revenue under Rule 494 of Chapter 50 within one week with a complete affidavit, and directing the Board of Revenue to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Neutral Citation No. - 2024:AHC-LKO:61473

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 4267 of 2024

Petitioner :- Tamheed Fatima Respondent :- State Of U.P., Thru. Chief Secy., Revenue And Ors. Counsel for Petitioner :- Ashok Kumar,Kubra Fatima,Mohsin Asad,Muzammil Asad Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

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

"I. To direct the Court of Additional District Magistrate (Executive) Ayodhya, District Ayodhya (O.P. No.3) to decide the Case No.-429 of 2024, (Tamheed Fatima Vs State of UP through District Collector and another) under Section-30 of UP Land Revenue Code, 2006 pending before the Court of Additional District Magistrate (Executive) Ayodhya, District-Ayodhya within stipulated time period."

It has been submitted by the learned counsel for the petitioner that the aforesaid case is pending before the respondent no.3 since long.

Hence this petition.

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 affidavit can direct the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it.

The Additional District Magistrate (Executive), Ayodhya, District Ayodhya acts as a revenue courts subordinate to the Board of Revenue and therefore, it would be 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.

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 affidavit 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.

Order Date :- 6.9.2024 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench