Disposed¶14

Chhatthoo Prasad v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Allahabad HC24 Jan 2025/323/2025

Case brief

AI extract

What is this about?

Article 227 petition; maintainability objection; statutory/alternative remedy; Rule 494 Chapter 50 U.P. Revenue Court Manual; application to Board of Revenue for expeditious hearing supported by affidavit; Tehsildar as revenue court subordinate to Board of Revenue; Section 34 U.P. Revenue Code 2006 pending case expedition; petition disposed of with directions; Allahabad High Court Lucknow Bench; Jaspreet Singh J.; 24.1.2025.

What did the court decide?

Petition disposed of with directions: petitioner to file an application for expeditious hearing under Rule 494, Chapter 50, 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. ¶14

Chhatthoo Prasad Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition under Article 227 is maintainable before the High Court when a statutory remedy exists under Rule 494, Chapter 50, U.P. Revenue Court Manual (application to the Board of Revenue for expeditious hearing of proceedings pending before courts subordinate to it). +1 more

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Court's answer

The Tehsildar, 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 to direct the petitioner to approach the Board of Revenue.

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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, together with a complete affidavit, before the Board of Revenue within one week.

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Key takeaways

The Board of Revenue shall consider the petitioner's prayer and pass appropriate orders in accordance with law within three weeks thereafter.ratio¶14

Detailed headnote1 paragraphs

Order dated 24.1.2025 by Hon'ble Jaspreet Singh, J. (Court No. 8, High Court of Judicature at Allahabad, Lucknow Bench) disposing of MATTERS UNDER ARTICLE 227 No. - 323 of 2025 filed by Chhatthoo Prasad seeking a direction to the Tehsildar, Tehsil-Aalapur, District Ambedkar Nagar to decide pending Case No.1011/2024 (Computerized Case No.T202404040401011), Chhatthoo Prasad Verma versus Enerman, filed under Section 34, U.P. Revenue Code, 2006, at the earliest. On the Standing Counsel's maintainability objection invoking the amended U.P. Revenue Court Manual, the Court held that the Tehsildar is a revenue court subordinate to the Board of Revenue and that the statutory remedy lies in an application under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual for expeditious hearing. The petitioner was directed to file such application with a complete affidavit before the Board of Revenue within one week, and the Board of Revenue was to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

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Neutral Citation No. - 2025:AHC-LKO:4707

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 323 of 2025

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Petitioner :- Chhatthoo Prasad

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Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Kamlesh Kumar,Aman Kumar Chaudhary Counsel for Respondent :- C.S.C.

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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 order or direction to directing the Opposite Party No.2 to decide the Case No.1011/2024, Computerized Case No.T202404040401011, Chhatthoo Prasad Verma Versus Enerman, filed U/s-34 U.P. Revenue Code, 2006, pending in the Court of Tehsildar, Tehsil-Aalapur, DistrictAmbedkar Nagar, at the earliest with the time 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.2 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 Tehsildar, 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.

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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 :- 24.1.2025 Rakesh/-

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

Chhatthoo Prasad v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Case brief

What is this about?

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Chhatthoo Prasad v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and Others

Case brief

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What the court decided

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