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2025 DAILYLAW 121821 (ALL)

ANEETA RAWAT AND ANOTHER v. COMMISSIONER, LKO. DIVISION, LKO. AND OTHERS

A227/630/2025 · 2025-02-11

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8570 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 630 of 2025 Petitioner :- Aneeta Rawat And Another Respondent :- Commissioner, Lko. Division, Lko. And Others Counsel for Petitioner :- Ram Pratap Tiwari,Mithila Bakhsh Tiwari Counsel for Respondent :- C.S.C. 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:- "i) To direct the opposite party no.1 to decide the Appeal No.4458 of 2024 Ram Nath versus Sub Divisional Magistrate, Sarojini Nagar, District-Lucknow and others computerized Case No.C202410000004458 under Section 207 of U.P. Revenue Code, 2006 filed by opposite party no.4 against the order dated 24.10.2024 passed by opposite party no.2 under Section 116 of U.P. Revenue Code, 2006 before opposite party No.1 contained as annexure No.1 to this petition. ii) To direct the opposite party No.2 & 3 to comply the order dated 24.10.2024 passed by opposite party no.2 in Case No.RST23232/2023, Computerized Case No.T202310460523232 Ramnath versus Anita Rawat under Section - 116 of U.P. Revenue Code, 2006 filed by opposite party no.4 before opposite party no.2, contained in Annexure No.2 to this petition and demarcation the land of the petitioners according with Kurrafaat, in the interest of justice." It has been submitted by the learned counsel for the petitioners 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 Commissioner, Lucknow Division, Lucknow 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 petitioners and pass appropriate orders in accordance with law within three weeks thereafter. Order Date :- 11.2.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench