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2025 DAILYLAW 119285 (ALL)

SHYAM LAL YADAV v. SUB-DIVISIONAL MAGISTRATE TEHSIL - KUNDA AND 6 OTHERS

/316/2025 · 2025-01-24

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4705 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 316 of 2025 Petitioner :- Shyam Lal Yadav Respondent :- Sub-Divisional Magistrate Tehsil - Kunda And 6 Others Counsel for Petitioner :- Akhilesh Kumar Pandey 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 respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Sub-Divisional Magistrate, Tehsil-Kunda, District-Pratapgarh i.e. opposite party No.1 to decide the case bearing No.2184/2021, U/S-24 of Revenue Code, 2006 taking the Gata No.238 situated at Village-Newada Khurd, Pargana-Dhigwas, Tehsil-Kunda, District-Pratapgarh before the opposite party no.1 "Shyam Lal Vs. Gaon Sabha and others" as contained in Annexure No.1 to this petition within stipulated time as early as possible, 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 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 Magistrate, Tehsil-Kunda, District-Pratapgarh 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 :- 24.1.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench