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2025 DAILYLAW 121069 (ALL)

DHIRAJA @ GHIRAJA v. STATE OF U.P. THRU. COLLECTOR, BARABANKI AND OTHERS

A227/554/2025 · 2025-02-05

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7661 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 554 of 2025 Petitioner :- Dhiraja @ Ghiraja Respondent :- State Of U.P. Thru. Collector, Barabanki And Others Counsel for Petitioner :- Krishna Kumar Dubey,Manish Tiwari 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:- "Issue order or direction to the opposite party no. 2 i.e. Sub Divisional Officer, Tehsil Haidergarh District Barabanki to expedite the disposal of Appeal No. 4813/2024, Computerized No. T202404120504813 under Section 35 (2) Uttar Pradesh Land Revenue Code, 2006 "Ashram Versus Ghiraja" which is pending against order dated 08.09.2023 passed by Tehsildar Haidergarh, District Barabanki in Case No. 00871/2023, Computerized No. 202304120500871 under Section 34 Land Revenue Code, 2006, Ghiraja versus Gaon Sabha, the said land situated Khaira Kankoo, Pergana and Tehsil, Haidergarh, District Barabanki within short and reasonable period prescribed 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.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 affidavit can direct the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it. The opposite party no. 2 i.e. Sub Divisional Officer, Tehsil Haidergarh District Barabanki 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 :- 5.2.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench