RAMESH KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LUCKNOW AND 4 OTHERS
A227/1216/2025 · 2025-03-06
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126087 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126087 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13745 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1216 of 2025 Petitioner :- Ramesh Kumar And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow And 4 Others Counsel for Petitioner :- Suresh Chandra Shukla Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey 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 to learned Additional Commissioner (Administration) Lucknow Division, Lucknow to decide the Recall Application No.652/2025, Computerized Case No.C202510000000652 filed by petitioners in Case No.1547 /2021 Computerized Case No.C202110000001547 (Sushila Vs. State of U.P. and another) U/S 333 U.P.Z.A. & L.R.Act, 1950, expeditiously, as early as possible." 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 affidavit can direct the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it. The Additional Commissioner 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 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 :- 6.3.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench