ABHISHEK JAISWAL v. DEPUTY NAYAB TEHSILDAAR, NAGAR SADAR LKO. AND 3 OTHERS
A227/6449/2024 · 2025-01-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170266 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170266 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:311 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6449 of 2024 Petitioner :- Abhishek Jaiswal Respondent :- Deputy Nayab Tehsildaar, Nagar Sadar Lko. And 3 Others Counsel for Petitioner :- Anjali Divedi,Sachin Shukla Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. 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:-
"(i) direct the respondent no.1, Deputy (Nayab) Tehsildaar, Sadar, Nagar, Lucknow to decide the objection filed by respondent no. 3 and 4 in Case No. 20229 of 2024 in re: Abhishek Bhargav V. Vashisth Bhargav in an expeditious manner within a fixed reasonable time frame as determined 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 Deputy Nayab Tehsildar, Nagar Sadar 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 along with 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 :- 3.1.2025/Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench