KALLU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT., LKO. AND OTHERS
A227/426/2025 · 2025-01-28
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120083 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120083 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5557 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 426 of 2025 Petitioner :- Kallu And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others Counsel for Petitioner :- Rajeev Kumar Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J. Heard the learned counsel for the petitioners and the learned Standing Counsel for the State- respondents. This petition has been filed with the following main prayer:-
"Issue a direction thereby directing the opposite party no.2 to decide the pending Revision No.796 of 2024 "Rajendra Kumar and another Vs. Kallu and others" filed under Section 2 of U.P. Revenue Code, 2006, pending before the court of Addl. Commissioner, Ayodhya Division Ayodhya, expeditiously, within stipulated period as prescribed by this Hon'ble Court as contained in Annexure No.2 to this petition." It has been submitted by the learned counsel for the petitioners that the aforesaid case is pending before the respondent no.2 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 Addl. Commissioner acts as a revenue courts subordinate to the Board of Revenue and therefore, it would be appropriate that this Court direct the petitioners 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 petitioners 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 petitioners and pass appropriate orders in accordance with law within three weeks thereafter. Order Date :- 28.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench