Petition sought a direction to decide her pending succession mutation case. The court noted a statutory remedy under Chapter 50, Rule 494 of the U.P. Revenue Court Manual before the Board of Revenue and disposed of the petition with directions to apply there and for the Board to act within three weeks.
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Neutral Citation No. - 2024:AHC-LKO:60597
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 4211 of 2024
Petitioner :- Smt. Anita Respondent :- Naib Tehsildar And Another Counsel for Petitioner :- Brijesh Kumar 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 opp.party no.1 i.e. Naib Tehsildar, Tehsil-Jaisinghpur, District-Sultanpur to decide the Case No.T202304680703394, Smt. Anita versus Late Shere, under Section 33(1)/34 of Uttar Pradesh Revenue Code, 2006 for mutation of name on the basis of succession on land of her deceased father bearing Khata No.286, Gata No.225, 304, 67 and 71 situated of Village-Sarangpur, Pargana-Baraunsa, Tehsil-Jaisinghpur, District Sultanpur within stipulated period fixed by the 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.
The Naib 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.
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 :- 4.9.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court should direct expeditious disposal of a pending mutation case or relegate the petitioner to the remedy under Rule 494, Chapter 50 of the U.P. Revenue Court Manual.
2 provisions across 2 enactments
Smt. Anita
Naib Tehsildar
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
