RAM PRAKASH SINGH AND 3 OTHERS v. SUB DIVISIONAL MAGISTRATE, TEHSIL HASANGANJ, UNNAO AND ANOTHER
A227/669/2025 · 2025-02-11
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122806 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122806 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8775 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 669 of 2025 Petitioner :- Ram Prakash Singh And 3 Others Respondent :- Sub Divisional Magistrate, Tehsil Hasanganj, Unnao And Another Counsel for Petitioner :- Shiv Shankar Mishra,Shivanshi Mishra 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. Direct the Sub Divisional Magistrate, Tehsil Hasanganj, District Unnao i.e. opposite party No. 1 to decide the recall application dated 04.09.2024 along with application under section 5 of Limitation act, preferred by the petitioner and the opposite parties No. 4 to 6 against the
order dated 22.07.2021 passed in Case No. 1366/2018 and Computerized Case No. T201810690401366 (Smt. Guddi Vs Jitendra Singh and others) under section 134 of U. P. Revenue Code, 2006 as soon as possible within the specified period 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 Sub Divisional Magistrate 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 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 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench