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2025 DAILYLAW 114345 (ALL)

NAVMI LAL GUPTA v. STATE OF U.P. THRU. REVENUE SECY., LUCKNOW AND 3 OTHERS

/41/2025 · 2025-01-09

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1676 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 41 of 2025 Petitioner :- Navmi Lal Gupta Respondent :- State Of U.P. Thru. Revenue Secy., Lucknow And 3 Others Counsel for Petitioner :- Sanju Pal 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- respondents. This petition has been filed with the following main prayer:- "Issue order or direction commanding and directing the opposite party no.3 to decide the pending case bearing no.01501/2024 computerised case no.T202404230101501 under Section 34 of U.P. Land Revenue Code (Navmi Lal Vs. Ram Krishna Dash), Tehsil Sadar, District Ayodhya related to Gata No.123 mi, area about 4.01.85 hect., situated at Village Mirapur Dera Bibi, Tehsil Sadar, District Ayodhya an early date after hearing the parties concerned, in a given time frame fixed by this Hon'ble HiIgh Court." It has been submitted by the learned counsel for the petitioner that the aforesaid case is pending before the respondent no.3 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.3 Tehsildar 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 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