Kripa Shankar Vs Commissioner (Judicial), Ayodhya… — Writ and Judicial Review | Allahabad HC (2024)

Kripa Shankar Vs Commissioner (Judicial), Ayodhya… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to the petitioner to file an application for expeditious hearing under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual, with complete affidavit, before the Board of Revenue within one week; the Board of Revenue to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Issue for consideration

Whether the High Court should direct the Additional Commissioner (Judicial), Ayodhya Mandal to decide the pending Appeal No.750/2024 (Pradeep Mishra Vs. Manoj Kumar and others) under Section 24(4) of the U.P. Revenue Code, 2006 expeditiously. +1 more

Court's answer

The petition was disposed of by directing the petitioner to file an application for expeditious hearing under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual, with supporting affidavit, before the Board of Revenue within one week; the Board of Revenue was directed to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Ratio / Principle

Since respondent no.1 acts as a revenue court subordinate to the Board of Revenue, and a statutory remedy is available under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual for seeking expeditious hearing, the appropriate course was for the petitioner to approach the Board of Revenue rather than invoke this Court's jurisdiction.

Detailed headnote1 paragraphs

Article 227 petition seeking expeditious disposal of Appeal No.750/2024 (under Section 24(4), U.P. Revenue Code, 2006) pending before the Additional Commissioner (Judicial), Ayodhya Mandal: HELD, the amendment introducing Chapter 50 of the U.P. Revenue Court Manual provides a statutory remedy whereby, under Rule 494/paragraph 494, the Board of Revenue on an affidavit-supported application may direct expeditious hearing of any suit, appeal, revision or other proceeding pending before a court subordinate to it, and respondent no.1 acts as such a subordinate revenue court. The statutory remedy being adequate, the petition was disposed of with a direction to the petitioner to approach the Board of Revenue under Rule 494 within one week, and to the Board of Revenue to consider and pass appropriate orders within three weeks thereafter.

Neutral Citation No. - 2024:AHC-LKO:80990

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 4848 of 2024

Petitioner :- Kripa Shankar Respondent :- Commissioner (Judicial), Ayodhya Mandal, Ayodhya And 4 Others Counsel for Petitioner :- Rajesh Kumar,Kajal Soni,Reeta Singh Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Jaspreet Singh,J.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the Staterespondents.

This petition has been filed with the following main prayer:-

"To direct the Additional Commissioner (Judicial) Ayodhya Mandal Ayodhya to decide the Appeal No.750/2024 (Pradeep Mishra Vs. Manoj Kumar and others) under Section 24(4) of Uttar Pradesh Revenue Code 2006 which is pending since 2024, as expeditious as possible or within a period as stipulated by this Hon'ble Court ."

It has been submitted by the learned counsel for the petitioner that the aforesaid appeal 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 afÏdavit can direct the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it.

The respondent no.1 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 afÏdavit 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 :- 4.12.2024 ank

Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench