Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 120044 (ALL)

SHAKUNTALA v. NAIB TEHSILDAR, TEHSIL BIKAPUR, AYODHYA AND 2 OTHERS

A227/404/2025 · 2025-01-28

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:5393 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 404 of 2025 Petitioner :- Shakuntala Respondent :- Naib Tehsildar, Tehsil Bikapur, Ayodhya And 2 Others Counsel for Petitioner :- Bipin Kumar Tiwari,Ashish Kumar Upadhyay 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:- "(i) To direct the opposite party no.1 i.e. learned Naib Tehsildar, Tehsil- Bikapur, District-Ayodhya to decide the Mutation Case No.T202404230300572 filed under Section 34 of the U.P. Revenue Code, 2006 within stipulated period as it may be directed by this Hon'ble Court 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 :- 28.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench