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2025 DAILYLAW 127183 (ALL)

SEETA DEVI v. TEHSILDAR TEHSIL KUNDA DIST. PRATAPGARH AND 2 OTHERS

A227/1198/2025 · 2025-03-06

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13648 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 1198 of 2025 Petitioner :- Seeta Devi Respondent :- Tehsildar Tehsil Kunda Dist. Pratapgarh And 2 Others Counsel for Petitioner :- Arshad Ahsan Siddiqui 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 an order or direction and command the opposite party No.1 to proceed with Case No.2064 of 2025, Computerized Case No.T- 202502570102064 Seeta Devi Vs Raj Kumari, Tehsil Kunda, District- Pratapgarh, which is instituted on 21.09.2024 and is pending in the Court of opposite party No.1, expeditiously within the stipulated time as this Hon'ble Court may deem fit." 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 Tehsildar, Tehsil Kunda, District-Pratapgarh 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 :- 6.3.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench