A petitioner sought a direction to the SDO to expeditiously decide a pending demarcation application. The court noted the statutory remedy under Rule 494 of Chapter 50 of the U.P. Revenue Court Manual and disposed of the petition directing the petitioner to apply to the Board of Revenue for expeditious hearing.
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Neutral Citation No. - 2025:AHC-LKO:8783
Court No. - 8
Case :- MATTERS UNDER ARTICLE 227 No. - 662 of 2025
Petitioner :- Ram Charan Respondent :- Sub Divisional Officer, Tehsil Kunda, Pratapgarh And Others Counsel for Petitioner :- Dileep 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-respondent.
This petition has been filed with the following main prayer :-
"(1) To direct the opposite party No.1 i.e. Sub Divisional Officer, Tehsil - Kunda, District Pratapgarh to decide the demarcation application bearing computerized No. T202402570112314 "Ram Charan Vs. Ram Abhilash and others" pending before him, expeditiously within a stipulated period as fixed by this Hon'ble Court. (contained as Annexure No. 1)"
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 Officer 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
1 issue framed by the court
Whether the High Court should direct the SDO to expedite a pending demarcation application, or whether the petitioner must use the Board of Revenue remedy under Rule 494 of Chapter 50 of the U.P. Reve
1 provisions across 1 enactments
Ram Charan
Sub Divisional Officer, Tehsil Kunda, Pratapgarh
Jaspreet Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
