Momina Vs Up Zila Adhikari, Tehsil - Patti, Pratapgarh and 3 Others — Allahabad HC (2025) — LawSathi Research

Momina Vs Up Zila Adhikari, Tehsil - Patti, Pratapgarh and 3 Others — Allahabad HC (2025) — LawSathi Research

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 before the Board of Revenue within one week, along with an affidavit complete in all respects; 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 Court should direct the opposite party no.1 (Up Zila Adhikari, Patti, District Pratapgarh) to decide the pending partition suit under Section 116 of U.P. Revenue Code 2006 expeditiously within a stipulated time. +1 more

Court's answer

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

Ratio / Principle

Respondent no.1 (Up Zila Adhikari) acts as a revenue court subordinate to the Board of Revenue.

Key takeaways

Since respondent no.1 is a revenue court subordinate to the Board of Revenue, the appropriate course is for the petitioner to approach the Board of Revenue, as a statutory remedy is available under paragraph 494 of Chapter 50 of the U.P. Revenue Court Manual.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Jaspreet Singh, J.; order dated 21.1.2025; Neutral Citation 2025:AHC-LKO:3658), Matters Under Article 227 No. 219 of 2025, Momina v. Up Zila Adhikari, Tehsil Patti, Pratapgarh & 3 Ors. The petitioner sought a direction to the Up Zila Adhikari to decide her partition suit (Case No. T-201902570402649, under Section 116, U.P. Revenue Code 2006) expeditiously. The Standing Counsel objected to maintainability, relying on the amendment to the U.P. Revenue Court Manual introducing Chapter 50, Rule 494, under which the Board of Revenue may, on an affidavit-supported application, direct expeditious hearing of any suit, appeal, revision or other proceeding pending before courts subordinate to it. Holding that respondent no.1 acts as a revenue court subordinate to the Board of Revenue, the Court disposed of the petition, directing the petitioner to approach the Board of Revenue under Rule 494 within one week with a complete affidavit; 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:3658

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 219 of 2025

Petitioner :- Momina Respondent :- Up Zila Adhikari, Tehsil - Patti, Pratapgarh And 3 Others Counsel for Petitioner :- Verender Kumar Tiwari Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Jaspreet Singh,J.

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

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

"To issue an order or direction thereby direct to the opposite party no.1 Up Zila Adhikari Patti District Pratapgarh to decide the partition suit bearing Case No.T-201902570402649 Momina versus Mo. Shabeer and others, under Section 116 of U.P. Revenue Code 2006 pending before him expeditiously within stipulated time granted by this Hon'ble Court as contained in annexure no.1 to this petition."

It has been submitted by the learned counsel for the petitioner that the aforesaid partition suit 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 respondent no.1 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 :- 21.1.2025 ank

Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench