Jai Prakash and 4 Others Vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow and Others — Allahabad HC (2025) — LawSathi Research

Jai Prakash and 4 Others Vs State of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the Court should direct opposite party no.2 (respondent no.2) to expeditiously decide the pending partition suit no.05311/2019 under Section 116 of U.P. Revenue Code 2006. +1 more

Ratio / Principle

Since respondent no.2 (Sub-Divisional Officer) 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, it is appropriate to direct the petitioners to approach the Board of Revenue.

Key takeaways

The petition is disposed of with directions to the petitioners 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 shall consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.ratio¶14

Detailed headnote1 paragraphs

Matters under Article 227 No. 39 of 2025, Court No. 8, High Court of Judicature at Allahabad, Lucknow Bench; Hon'ble Jaspreet Singh, J.; order dated 9.1.2025; Neutral Citation 2025:AHC-LKO:1686. Petitioners (Jai Prakash and 4 others, counsel Arjun Singh) sought an order directing opposite party no.2 to expeditiously decide partition suit no.05311/2019 (Computerised No.T201910460505311) under Section 116 of U.P. Revenue Code 2006, filed as Devi Bux and others vs. Ranjeet Singh and others, pending before respondent no.2 (Sub-Divisional Officer) since long. Learned Standing Counsel objected to maintainability, referring to amendment of the U.P. Revenue Court Manual introducing Chapter 50, Rule 494, whereby the Board of Revenue on an affidavit-supported application can direct expeditious hearing of any suit, appeal, revision or other proceedings pending before courts subordinate to it. The Court held that respondent no.2 SDO acts as a revenue court subordinate to the Board of Revenue and directed the petitioners to approach the Board of Revenue as the statutory remedy under paragraph 494 of Chapter 50 was available. Petition disposed of with directions: Rule 494 application with affidavit complete in all respects within one week before the Board of Revenue, which shall consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Neutral Citation No. - 2025:AHC-LKO:1686

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 39 of 2025

Petitioner :- Jai Prakash And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Arjun Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

Hon'ble Jaspreet Singh,J.

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

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

"to pass an order directing the opposite party no.2 to decide the partition suit no.05311/2019 (Computerised No.T201910460505311) under Section 116 of U.P. Revenue Code 2006 filed by the petitioners, Devi Bux and others Vs. Ranjeet Singh and others as contained in Annexure No.1 to this petition expeditiously within the period prescribed by this Hon'ble Court in the interest of justice."

It has been submitted by the learned counsel for the petitioners that the aforesaid case is pending before the respondent no.2 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.2 Sub- Divisional OfÏcer acts as a revenue courts subordinate to the Board of Revenue and therefore, it would be appropriate that this Court direct the petitioners 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 petitioners 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 :- 9.1.2025

Shukla

Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench