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2025 DAILYLAW 117655 (ALL)

MAYA DEVI AND ANOTHER v. SUB DIVISIONAL MAGISTRATE, TAHSIL KUNDA, PRATAPGARH AND 37 OTHERS

A227/191/2025 · 2025-01-20

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3315 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 191 of 2025 Petitioner :- Maya Devi And Another Respondent :- Sub Divisional Magistrate, Tahsil Kunda, Pratapgarh And 37 Others Counsel for Petitioner :- Raj Kamal Srivastava,Prashant Shanker Counsel for Respondent :- C.S.C.,Pankaj Gupta 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:- "Wherefore it is most humbly prayed that this Hon'ble Court may kindly be pleased to direct the Sub Divisional Magistrate, Kunda, District- Pratapgarh to decide thee partition suit under Section 116 of the U.P. Revenue Code, 2006 pending in Computerized Suit No.T201802570103659 dated 05.06.2018 "Bhupendra Kumar and others versus Rajesh Kumar and Others" before the SDM, Tehsil-Kunda, District-Pratapgarh (regarding Land Gata No.244 having area 0.238 hectare) annexed along with this petition as Annexure No.01 expeditiously in the interest of justice." It has been submitted by the learned counsel for the petitioner that the aforesaid case is pending before the respondent no.1. 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 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. 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 :- 20.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench