Dismissed

Ajroon Nisha v. Nayab Tehsildar Masaudha, Tehsil- Sohawal, Ayodhya, and 2 Others

Allahabad HC27 Aug 2024A227/3999/2024

Case brief

AI extract

What is this about?

In this Article 227 petition seeking directions for mutation based on a sale deed, the court held that the petitioner must first approach the Board of Revenue under Chapter 50 Rule 494 of the U.P. Revenue Court Manual for an expeditious hearing of the pending case.

What did the court decide?

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

Ajroon Nisha vs Nayab Tehsildar Masaudha, Tehsil… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:57879

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 3999 of 2024

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Petitioner :- Ajroon Nisha Respondent :- Nayab Tehsildar Masaudha, Tehsil- Sohawal, Ayodhya, And 2 Others Counsel for Petitioner :- Angrej Nath Shukla 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 State-respondents.

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

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"to issue direction to opposite party no-1 to decide the Case No.145/2024, Computerized Case No.T202404230200145 filed on 01.11.2023, under Section-34 of the Revenue Code, 2006 for mutation the name of petitioner on the basis of registered sale deed execute by the recorded tenure holder i.e. opposite party no.2 in respect of Area 126.48 Square Meter from Gata No.576/0.463, situated in Village-Daulatpur, Pargana-Haveli Awadh, Tehsil-Sohawal, District Ayodhya."

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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.1 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 affidavit 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 Nayab Tehsildar 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.

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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 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.

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Order Date :- 27.8.2024 Rakesh/-

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

Ajroon Nisha v. Nayab Tehsildar Masaudha, Tehsil- Sohawal, Ayodhya, and 2 Others

Case brief

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Ajroon Nisha v. Nayab Tehsildar Masaudha, Tehsil- Sohawal, Ayodhya, and 2 Others

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