Disposed¶13

Rahisul Nisha v. the Court of Tehsildar, Tehsil-Lambhuwa, Sultanpur and Others

Allahabad HC15 Jan 2025A227/116/2025

Case brief

AI extract

What is this about?

Article 227; expeditious disposal; mutation case; Section 34 Revenue Code 2006; Tehsildar Lambhuwa Sultanpur; Board of Revenue; Rule 494 Chapter 50 U.P. Revenue Court Manual; alternative/statutory remedy; maintainability objection; pending since 19.02.2024; Gata No.307/0.417; Gata No.308/0.379; Village Sendhuwa; disposed with direction. Neutral Citation: 2025:AHC-LKO:2340.

What did the court decide?

Direction to the petitioner to file, within one week from the date of the order, an application with a complete affidavit before the Board of Revenue for expeditious hearing under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual; the Board of Revenue to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter. ¶13

Rahisul Nisha Vs the Court of Tehsildar… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petition is maintainable, given the objection that a statutory remedy exists under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual for the Board of Revenue to direct expeditious hearing of proceedings pending before courts subordinate to it. +1 more

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Court's answer

The Tehsildar, Tehsil-Lambhuwa, District Sultanpur acts as a revenue court subordinate to the Board of Revenue.

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Ratio / Principle

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.

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Key takeaways

The petition is disposed of with a direction to the petitioner to file, within one week, an application complete with affidavit for expeditious hearing under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual before the Board of Revenue, which shall consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.ratio¶13

Detailed headnote1 paragraphs

Matters under Article 227 (Allahabad High Court, Lucknow Bench, Jaspreet Singh, J.) — Petitioner sought a direction to the Tehsildar, Tehsil-Lambhuwa, Sultanpur (respondent No.1) to decide Mutation Case No.301063/2024 under Section-34 of the Revenue Code, 2006 (Gata Nos. 307/0.417 and 308/0.379, Village-Sendhuwa), pending since 19.02.2024. On the Standing Counsel's maintainability objection, the court observed that the Tehsildar is a revenue court subordinate to the Board of Revenue and that a statutory remedy exists under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual, whereby the Board of Revenue, on an affidavit-supported application, may direct expeditious hearing of proceedings pending before courts subordinate to it. The petition was disposed of with a direction to the petitioner to file such application with a complete affidavit within one week, the Board of Revenue to pass appropriate orders in accordance with law within three weeks thereafter. Neutral Citation: 2025:AHC-LKO:2340.

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Neutral Citation No. - 2025:AHC-LKO:2340

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 116 of 2025

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Petitioner :- Rahisul Nisha Respondent :- The Court Of Tehsildar, Tehsil-Lambhuwa, Sultanpur And Others Counsel for Petitioner :- Krishna Kumar Singh 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 a order or direction to opposite party No.1 to decide the Mutation Case No.301063/2024, under Section-34 of Revenue Code, 2006 related to Gata No.307/0.417 & Gata No.308/0.379 situated at Village-Sendhuwa, Pargana-Meeranpur, Tehsil-Lambhuwa, District-Sultanpur which is pending since 19.02.2024."

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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.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 Tehsildar, Tehsil-Lambhuwa, District Sultanpur 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 :- 15.1.2025 Rakesh/-

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

Rahisul Nisha v. the Court of Tehsildar, Tehsil-Lambhuwa, Sultanpur and Others

Case brief

What is this about?

What did the court decide?

Rahisul Nisha v. the Court of Tehsildar, Tehsil-Lambhuwa, Sultanpur and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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