Disposed

Vinod Kumar Tiwari v. Sub Divisional Officer, Tehsil Tanda, Ambedkar Nagar and Others

Allahabad HC27 Nov 2024A227/5697/2024

Case brief

AI extract

What is this about?

In this matters under Article 226/227 petition, the petitioner sought directions to the Sub Divisional Officer to decide pending restoration application. The Court found the matter maintainable under the U.P. Revenue Court Manual. It disposed of the petition by directing the petitioner to approach the Board of Revenue for an expeditious hearing order under Rule 494.

What did the court decide?

The petition was disposed of with a direction to the petitioner to apply to the Board of Revenue under Rule 494 Chapter 50 of U.P. Revenue Court Manual within one week.

Vinod Kumar Tiwari vs Sub Divisional Officer… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:78712

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 5697 of 2024 Petitioner :- Vinod Kumar Tiwari Respondent :- Sub Divisional Officer, Tehsil Tanda, Ambedkar Nagar And Others Counsel for Petitioner :- Niyaj Ahmad 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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"issue a direction to the opposite party no.1 i.e. Sub-Divisional Officer, Tehsil Tanda, District Ambedkar Nagar to decide the pending Restoration Application dated 19.04.2024 filed by the opposite party no.2 for recall of order dated 25.10.2023 passed by the opposite party no.1 in case No.T201704040303014 under section 116 of U.P. Revenue Code 2006 "Ram Milan Versus Bagish & others", since 19.04.2024, expeditiously within stipulated period as early as possible."

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It has been submitted by the learned counsel for the petitioner that the aforesaid case No.T-201704040303014 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 Sub Divisional Officer 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 :- 27.11.2024 ank

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

Vinod Kumar Tiwari v. Sub Divisional Officer, Tehsil Tanda, Ambedkar Nagar and Others

Case brief

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Vinod Kumar Tiwari v. Sub Divisional Officer, Tehsil Tanda, Ambedkar Nagar and Others

Case brief

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