SHIVAM GUPTA v. STATE O FU.P. THRU. PRIN. SECY. DEPTT. REVENUE, LUCKNOW AND OTHERS
A227/6357/2024 · 2025-01-03
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170493 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170493 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:194 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6357 of 2024 Petitioner :- Shivam Gupta Respondent :- State O Fu.P. Thru. Prin. Secy. Deptt. Revenue, Lucknow And Others Counsel for Petitioner :- Hari Om Gupta,Om Prakash Gupta 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 kindly be pleased to direct the Opposite Party No.2 i.e.Sub Divisional Magistrate, Tehsil Amethi, District Amethi to expeditiously decide the case of the petitioner bearing Case No.5287/2024, Computerized Case No.T202404710505287 (Phoolkali Versus Shivam & Others) under Section 35(2) of Uttar Pradesh Land Revenue Code, 2006 pending before him within a reasonable period of time as directed 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.2. 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 respondent no. 2 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 :- 3.1.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench