SITANSHU SHEKHAR TIWARI v. U.P. ZILA ADHIKARI, MANDAL DEVI PATANL, TEHSIL UTRAULA BALRAMPUR AND OTHERS
A227/6150/2025 · 2025-10-16
Jaspreet Singh
body2025
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Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6150 of 2025 Court No. - 6 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:-
"(i) To issue an order or direction thereby directing the opposite party no.1 Up-Zila Adhikari Tehsil-Utraula District-Balrampur to expedite the final disposal of Suit no.8739/2025 Computerized Case no.T202508100308739 U/s 116 of U.P. Revenue Code 2006, Shitanshu Shekhar Tiwar and others vs. Abdul Latif and others vs. Radha Pukar and others which is pending before the court of Learned Upzila Adhikari, Mandal Devi Patan, Tehsil-Utraula, Balrampur (opposite party no.1) the petitioner has filed a suit under Section 116 on 22.07.2024 within stipulated period, 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 affidavit can direct the expeditious Versus Counsel for Petitioner(s) : Prince Singh Counsel for Respondent(s) : C.S.C., Pankaj Gupta Sitanshu Shekhar Tiwari .....Petitioner(s) U.P. Zila Adhikari, Mandal Devi Patanl, Tehsil Utraula Balrampur And Others .....Respondent(s)
hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it. The respondent no.1 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.
October 16, 2025 Harshita A227 No. 6150 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench