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

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

What the court decided

AI extract

Outcome

Petition disposed of with 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 respect, 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

Whether the petition is maintainable before the High Court for a direction of expeditious disposal of the revenue case, when a statutory remedy is available before the Board of Revenue under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual. +1 more

Court's answer

The Tehsildar-Salon, District Raebareli acts as a revenue court subordinate to the Board of Revenue.

Ratio / Principle

Since a statutory remedy is available under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual, it was appropriate for the Court to direct the petitioner to approach the Board of Revenue.

Key takeaways

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, alongwith the affidavit complete in all respect, before the Board of Revenue within one week.ratio¶14
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

High Court of Judicature at Allahabad, Lucknow Bench (Jaspreet Singh, J.), MATTERS UNDER ARTICLE 227 No. - 1139 of 2025 (Neutral Citation 2025:AHC-LKO:12780), Order Date 4.3.2025. The petitioner sought a direction to opposite party No.3, Tehsildar-Salon, District Raebareli, to expeditiously decide Case No.2806/2024 (Computerized Case No.T202410580602806) under Section 34 of UP Revenue Code 2006 (Rakesh Yadav and others Versus Sundar Lal) pending since long. The learned Standing Counsel objected to maintainability, referring to the amendment introducing Chapter 50 in the U.P. Revenue Court Manual, under which Rule 494 empowers the Board of Revenue, on an application duly supported by an affidavit, to direct expeditious hearing of any Suit, Appeal, Revision or other proceedings pending before a court subordinate to it. Holding that the Tehsildar-Salon acts as a revenue court subordinate to the Board of Revenue, the Court disposed of the petition, directing the petitioner to file an application for expeditious hearing under Rule 494 of Chapter 50 before the Board of Revenue within one week with affidavit complete in all respect; the Board of Revenue to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Neutral Citation No. - 2025:AHC-LKO:12780

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 1139 of 2025

Petitioner :- Rakesh Yadav

Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Mahendra Pratap Singh,Pooja Singh 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:-

"To issue a order or direction thereby commanding for directing the opposite party No.3 to decide the case No.2806/2024 (Computerized Case No.T202410580602806) under Section 34 of UP Revenue Code 2006 related to village Rajapur Chakbibi, Pargana Salon, Tehsil-Salon, District Raebareli, Rakesh Yadav and others Versus Sundar Lal pending before Tehsildar-Salon, District Raebareli, i.e. opposite party no.3, expeditiously within stipulated time."

It has been submitted by the learned counsel for the petitioner that the aforesaid case is pending before the respondent no.3 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 Tehsildar-Salon, District Raebareli 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 :- 4.3.2025 Rakesh/-

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