A writ petition sought an expedited decision of a revenue case pending before the Tehsildar under Section 34 of the U.P. Revenue Code. The court, citing Rule 494 of Chapter 50 of the U.P. Revenue Court Manual, directed the petitioner to apply to the Board of Revenue instead.
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Neutral Citation No. - 2024:AHC-LKO:63489
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 4391 of 2024
Petitioner :- Vijay Kumar
Respondent :- Court Of Tehsildar, Tehsil Bikapur, Ayodhya And 3 Others Counsel for Petitioner :- Abhishek Shukla,Rohit Kumar Sahu 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 issue an order or direction of suitable nature thereby directing to the Opposite Party No.1 i.e. The Court of Tehsildar, Tehsil Bikapur, District Ayodhya, to decide the Case No.3685 of 2023, bearing Computerized Case No.T202304230303685; Vijay Kumar Vs. Rajitram, under Section 34 of the U.P. Revenue Code, 2006 within a time framed manner, pending since year 2023, within a stipulated period of time, 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.
The Tehsildar, Tehsil Bikapur, 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 :- 13.9.2024 Rakesh/-
Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petition should be decided by the High Court or routed through the statutory remedy under Rule 494 of the U.P. Revenue Court Manual for expediting a pending revenue case.
2 provisions across 2 enactments
Vijay Kumar
Court of Tehsildar, Tehsil Bikapur, Ayodhya
3 Others
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
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