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2025 DAILYLAW 170733 (ALL)

AJAY PRATAP SINGH v. STATE OF U.P. THRU. SECY. LKO AND 5 OTHERS

A227/6441/2024 · 2025-01-03

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:299 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 6441 of 2024 Petitioner :- Ajay Pratap Singh Respondent :- State Of U.P. Thru. Secy. Lko And 5 Others Counsel for Petitioner :- Vishnu Kumar Srivastava,Siddharth Tripathi Counsel for Respondent :- C.S.C.,Pankaj Gupta 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:- "(1) To direct the opposite party no. 2 to decide the recall application no. 38/2024 which has been given along with application under section 5 of Limitation Act for setting aside the ex-party order dated 21.0.2027 passed in Case No.D2017083002251 Ajay Pratap Sing Versus State of U.P. and others which is pending since 30.07.2024 within stipulated period as framed 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 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 District Collector, District- Gonda, 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