In a matter under Article 227, the High Court held that since the Court Manual provides a statutory remedy for expediting hearings under Rule 494, the petitioner must approach the Board of Revenue rather than seeking this Court's direction.
Petitioner directed to approach Board of Revenue under Rule 494.
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Neutral Citation No. - 2024:AHC-LKO:58050
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 4006 of 2024
Petitioner :- Shyam Narayan Pandey Respondent :- Tehsildar, Tehsil Alapur, Ambedkar Nagar And Others Counsel for Petitioner :- Shitla Prasad Tripathi,Amresh Singh 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) Direct the Tehsildar, Tehsil- Alapur, District- Ambedkar Nagar (opposite party No.1) to decide the Case No.534 of 2024 (Computerized Case No.T-202404040400534) Shyam Narayan Vs. Jai Narayan under Section 34 U.P. Revenue Code, 2006 pending before the Court of Tehsildar, Tehsil- Alapur, DistrictAmbedkar Nagar in accordance with law within a period as fixed by this Hon'ble Court."
It has been submitted by the learned counsel for the petitioner that the aforesaid case is pending before the respondent no.1 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. It has been pointed out by learned Standing Counsel for the State that the affidavit filed by the petitioner is also defective.
The Tehsildar, Tehsil- Alapur, District- Ambedkar Nagar, 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 :- 27.8.2024 Ashutosh
Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether High Court can direct the Tehsildar to expedite proceedings under Article 227 or whether Article 227 remedy is barred when the Court Manual provides an alternative statutory remedy under Rule
Whether the affidavit filed by the petitioner is maintainable or defects mandated by the Court Manual.
2 provisions across 2 enactments
Shyam Narayan Pandey
Tehsildar, Tehsil Alapur, Ambedkar Nagar
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
