Disposed

Kiran Sharma v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Allahabad HC13 Sept 2024A227/4399/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226 regarding delay in mutation proceedings, the High Court directed the petitioner to approach the Board of Revenue for an expeditious hearing application under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual instead of directly seeking direction to the Tehsildar.

What did the court decide?

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

Kiran Sharma vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63495

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 4399 of 2024

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Petitioner :- Kiran Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Suyash Dwivedi 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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"i. Direct to the Tehsildar, Tehsil Alapur, District Ambedkar Nagar i.e. opposite party No.2 to decide the Mutation Application 4423/2022 and computer Case No.T-20220040404423 Shimla Versus Sheela Tripathi under Section 34 of U.P. Revenue Code, 2006 expeditiously and within a reasonable period of time as directed by this Hon'ble Court."

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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.2 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 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.

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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 :- 13.9.2024 Rakesh/-

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

Kiran Sharma v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

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Kiran Sharma v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

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