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2025 DAILYLAW 170399 (ALL)

SMITA VERMA v. SUB DIVISIONAL MAGISTRATE AALAPUR AMBEDKAR NAGAR AND 5 OTHERS

/6366/2024 · 2025-01-27

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5285 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6366 of 2024 Petitioner :- Smita Verma Respondent :- Sub Divisional Magistrate Aalapur Ambedkar Nagar And 5 Others Counsel for Petitioner :- Anand Prakash Pandey,Dr.Surya Prakash Mishra Counsel for Respondent :- C.S.C.,Suyash Dwivedi Hon'ble Jaspreet Singh,J. Heard Dr. Surya Prakash Mishra, the learned counsel for the petitioner, Shri Suyash Dwivedi, learned counsel for respondent no.6/Nagar Panchayat and the learned Standing Counsel for the State-respondents. This petition has been filed with the following main prayer:- "To direct the opposite party i.e. Sub Divisional Magistrate, Aalapur, District Ambedkar Nagar to decide the interim relief application dated 22.7.2024 filed in Appeal No.T2020404040402927 U/S 35(2) U.P. Revenue Code, 2006(Smita Verma Vs. Vijay Bahadur & others), within stipulated period as it may be directed by this Hon'ble Court in the interest of justice." 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 afÏdavit can direct the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it. The S.D.M. 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 afÏdavit 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 :- 27.1.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench