Israr Ahmad Vs Sub Divisional Magistrate, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

Israr Ahmad Vs Sub Divisional Magistrate, Tehsil… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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; the Board of Revenue to consider the prayer and pass appropriate orders in accordance with law within three weeks thereafter.

Issue for consideration

Maintainability of the petition under Article 227 in view of the statutory remedy available to the petitioner under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual to apply to the Board of Revenue for expeditious hearing of proceedings pending before courts subordinate to it. +1 more

Court's answer

The Sub Divisional Magistrate 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 would be appropriate that the petitioner approach the Board of Revenue.

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

Key takeaways

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

Detailed headnote1 paragraphs

Matters Under Article 227 No. 652 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Jaspreet Singh, J.) - Petition by Israr Ahmad seeking a direction to the Sub Divisional Magistrate, Tehsil Alapur, Ambedkar Nagar to decide Revenue Case No. 2253/2022 (Israr Ahmad vs. Mohd. Moosa and others), Computerized Case No. T202204040402253, under Section 24 U.P. Revenue Code, 2006, and a recall application dated 30.10.2023, both pending before him. The learned Standing Counsel objected to maintainability, referring to the amendment introducing Chapter 50 of the U.P. Revenue Court Manual, wherein Rule 494 provides that the Board of Revenue, on an application duly supported by an affidavit, can direct expeditious hearing of any suit, appeal, revision or other proceedings pending before courts subordinate to it. Held, the Sub Divisional Magistrate acts as a revenue court subordinate to the Board of Revenue; the petitioner was directed to file an application for expeditious hearing under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual, alongwith a complete affidavit, 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. Petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:8758

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 652 of 2025

Petitioner :- Israr Ahmad Respondent :- Sub Divisional Magistrate, Tehsil Alapur, Ambedkar Nagar And Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.,Mohan Singh

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 :-

"(i) to direct the Sub Divisional Magistrate, Tehsil- Alapur, DistrictAmbedkar Nagar (opposite party No.1) to decide the Case No.2253/2022 (Israr Ahmad vs. Mohd. Moosa and others), (Computerized Case No.T202204040402253), under Section 24 U.P. Revenue Code, 2006 and recall application dated 30.10.2023 filed in aforesaid case, which are pending before him, expeditiously, within stipulated time period."

It has been submitted by the learned counsel for the petitioner that the aforesaid case 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 Sub Divisional Magistrate 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 :- 11.2.2025 Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench