Disposed

Kailash @ Kailash Nath v. Addl. Commissioner Administration-I Devi Patan Mandal, Gonda and Others

Allahabad HC23 Oct 2024A227/5033/2024

Case brief

AI extract

What is this about?

In a matter under Article 227, the High Court held that the petitioner must approach the Board of Revenue under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual for expeditious hearing of a pending appeal, dismissing the direct petition.

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.

Kailash @ Kailash Nath vs Addl. Commissioner Administration-I Devi Patan Mandal, Gonda and Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC-LKO:71278

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 5033 of 2024

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Petitioner :- Kailash @ Kailash Nath Respondent :- Addl. Commissioner Administration-I Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta

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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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"Direct the Additional Commissioner, Admdinistrion-I, Devi Patan Mandal, Gonda to consider and decide the interim relief application along with Appeal No.951 of 2024, Computerized Case No.C202408000000951 "Mahadev Prasad and others Versus Vijay Kumar and others" under Section-210 of U.P. Land Revenue Act pending since 22.06.2024 preferred by the petitioner expeditiously within short spare time as fixed 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.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, Admdinistrion-I, Devi Patan Mandal, Gonda 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 :- 23.10.2024 Rakesh/-

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

Kailash @ Kailash Nath v. Addl. Commissioner Administration-I Devi Patan Mandal, Gonda and Others

Case brief

What is this about?

What did the court decide?

Kailash @ Kailash Nath v. Addl. Commissioner Administration-I Devi Patan Mandal, Gonda and Others

Case brief

What is this about?

What did the court decide?

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