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2025 DAILYLAW 114082 (ALL)

JAI PRAKASH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LUCKNOW AND OTHERS

/39/2025 · 2025-01-09

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1686 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 39 of 2025 Petitioner :- Jai Prakash And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Arjun Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Jaspreet Singh,J. Heard the learned counsel for the petitioners and the learned Standing Counsel for the State- respondents. This petition has been filed with the following main prayer:- "to pass an order directing the opposite party no.2 to decide the partition suit no.05311/2019 (Computerised No.T201910460505311) under Section 116 of U.P. Revenue Code 2006 filed by the petitioners, Devi Bux and others Vs. Ranjeet Singh and others as contained in Annexure No.1 to this petition expeditiously within the period prescribed by this Hon'ble Court in the interest of justice." It has been submitted by the learned counsel for the petitioners that the aforesaid case is pending before the respondent no.2 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 afÏdavit 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.2 Sub- Divisional OfÏcer acts as a revenue courts subordinate to the Board of Revenue and therefore, it would be appropriate that this Court direct the petitioners 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 petitioners 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 afÏdavit 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 :- 9.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench