Disposed

Siya Ram v. Addl. Commissioner, Judicial, Ayodhya Division, Ayodhya and Others

Allahabad HC4 Oct 2024A227/4813/2024

Case brief

AI extract

What is this about?

This Article 227 petition sought a direction to decide a pending revenue case. The Court held the petitioner should instead approach the Board of Revenue under Rule 494 of the U.P. Revenue Court Manual for expeditious hearing. The petition was disposed of with that direction.

What did the court decide?

Petitioner directed to file application under Rule 494 of Chapter 50 of U.P. Revenue Court Manual before Board of Revenue.

Siya Ram vs Addl. Commissioner, Judicial… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:68689

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 4813 of 2024

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Petitioner :- Siya Ram Respondent :- Addl. Commissioner, Judicial, Ayodhya Division, Ayodhya And Others Counsel for Petitioner :- Dharmendra Nath Verma,Abhijeet P. Singh Chauhan,Amitesh Pratap Singh Counsel for Respondent :- C.S.C.,Mohan Singh

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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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"(A) Issue an appropriate order or direction commanding to the opposite party no.1 Additional Commissioner, [Judicial] Ayodhya Division Ayodhya to decide the (Computerized Case no.C202404000000709) Case no.709/2024 (Karuna Shankar and others vs Siyaram and others) under Section 24[4] of U.P. Revenue Code, 2006 pending since 15.03.2024, within stipulated time fix by this Hon'ble Court during the pendency of the present petition."

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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 Additional Commissioner, [Judicial] Ayodhya Division 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.

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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 :- 4.10.2024

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Harshita

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

Siya Ram v. Addl. Commissioner, Judicial, Ayodhya Division, Ayodhya and Others

Case brief

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Siya Ram v. Addl. Commissioner, Judicial, Ayodhya Division, Ayodhya and Others

Case brief

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