KEWALA DEVI v. SUB DIVISIONAL OFFICER, TEHSIL KADIPUR, SULTANPUR AND OTHERS
A227/1019/2025 · 2025-02-27
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125284 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125284 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11825 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1019 of 2025 Petitioner :- Kewala Devi Respondent :- Sub Divisional Officer, Tehsil Kadipur, Sultanpur And Others Counsel for Petitioner :- Rajesh Kumar Shukla,Yogesh Prajapati Counsel for Respondent :- C.S.C.,Mohan Singh 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the opposite party no. 1 i.e. Sub Divisional Officer, Tehsil Kadipur, District Sultanpur to expeditiously decide the application dated 23.12.2024 under Sections 22, 23 and 227 of U.P. Revenue Code, 2006, filed in Case No. 35 of 2005 (Munni Lal Vs. Gaon Sabha & Others) under Section 41 of U.P. Land Revenue Act for ensuring compliance of the order dated 13.04.2017, pending before the opposite party no. 1, according to law within time stipulated by this Hon'ble Court" It has been submitted by the learned counsel for the petitioner 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 opposite party no. 1 i.e. Sub Divisional Officer, Tehsil Kadipur, District Sultanpur 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 :- 27.2.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench