Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 115348 (ALL)

MOMINA v. UP ZILA ADHIKARI, TEHSIL - PATTI, PRATAPGARH AND 3 OTHERS

A227/219/2025 · 2025-01-21

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel for the State- respondents. 2. 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." 3. 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. 4. Hence this petition. 5. 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. 6. 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. 7. 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 :- 21.1.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench