Meena Devi Vs Naib Tehsildar, Jahangirganj… — Writ and Judicial Review | Allahabad HC (2024)

Meena Devi Vs Naib Tehsildar, Jahangirganj… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Petition 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, with affidavit complete in all respects, 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

Maintainability of the Article 227 petition seeking a direction for expeditious disposal of the pending revenue case, in view of the statutory remedy available to the petitioner under Rule/Paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual before the Board of Revenue. +1 more

Court's answer

The Naib Tehsildar, Jahangirganj, Tehsil-Aalapur, District-Ambedkar Nagar acts as a revenue court subordinate to the Board of Revenue; since a statutory remedy is available under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual, it is appropriate that the petitioner be directed to approach the Board of Revenue instead of the High Court.

Ratio / Principle

The 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, along with an affidavit complete in all respects, before the Board of Revenue within one week; the Board of Revenue shall consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Detailed headnote1 paragraphs

Meena Devi moved the High Court of Judicature at Allahabad (Lucknow Bench) under Article 227 seeking a direction to the Naib Tehsildar, Jahangirganj, Tehsil-Aalapur, District Ambedkar Nagar to decide Revenue Case No. 2919/2023 (Computerized Case No. T202304040402919), Meena Devi vs. Laxmi Gaur, under Section 34 of the U.P. Revenue Code, expeditiously. The learned Standing Counsel objected to maintainability, referring to the amendment introducing Chapter 50 of the U.P. Revenue Court Manual, wherein Rule/Paragraph 494 enables the Board of Revenue, on an affidavit-supported application, to direct expeditious hearing of any Suit, Appeal, Revision or other proceedings pending before courts subordinate to it. Holding that the Naib Tehsildar acts as a revenue court subordinate to the Board of Revenue, Jaspreet Singh, J. disposed of the petition with a direction to the petitioner to approach the Board of Revenue under Rule 494 within one week with a complete affidavit, the Board to pass appropriate orders within three weeks thereafter. Order dated 11.12.2024; Neutral Citation 2024:AHC-LKO:82749.

Neutral Citation No. - 2024:AHC-LKO:82749

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 6009 of 2024

Petitioner :- Meena Devi Respondent :- Naib Tehsildar, Jahangirganj, Tehsil- Aalapur, Ambedkar Nagar And Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

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

"Direct the opposite party no.1 i.e. Naib Tehsildar, Jahangirganj, TehsilAalapur, District-Ambedkar Nagar to decide the Case No.2919/2023, Computerized Case No.T202304040402919, Meena Devi V/s Laxmi Gaur, under Section 34 of U.P. Revenue Code expeditiously, within stipulated period as fixed by this Hon'ble Court, in the interest of justice."

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

The Naib Tehsildar, Jahangirganj, Tehsil-Aalapur, 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.

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.

Order Date :- 11.12.2024 Rakesh/-

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