Allahabad High Court
Smt. Phoolkali vs Nayab Telsildar Gauriganj Amethi & ... on 12 March, 2021
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- MISC. SINGLE No. - 6278 of 2021 Petitioner :- Smt. Phoolkali Respondent :- Nayab Telsildar Gauriganj Amethi & Others Counsel for Petitioner :- Vinod Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner.
This petition has been filed with the following main prayer:-
"(i) Issue, a direction to the Opp. Party No. 1 to expeditiously decide the mutation suit bearing case no. 01279/2020 Computrikarit Case No. T202004710101279 "Smt. Phool Kali Vs. Radhe Shyam", pending before the Nayab Tehsildar Tehsil Gauriganj District Amethi i.e. respondent no. 1 expeditiously within stipulated time which is contained as Annexure No. 2 to this petitioner in the interest of justice.
(ii) Issue an order or direction to the opposite party no. 1 to direct the opposite party no. 2 not to change the nature of suit of dispute land in question situate in Village Madhaurpur Pargana Amethi, Tehsil Gauriganj District Amethi recorded as Gata No. 1219 Minjumla measuring area 0.0093 Hectare."
Learned Standing Counsel has raised an objection as to the maintainability of the petition and has referred to the amendment carried out in Chapter 50 wherein under paragraph 494(1), it has been provided that the Board of Revenue on an application duly supported by an affidavit directs the expeditious hearing of any Suit, Appeal, Revision or other proceedings that is pending before the Court subordinate to it. The Tehsildar acts as a revenue courts subordinate to the Board of Revenue under Section 34 of the Land Revenue Act, and therefore, it would be appropriate that this Court may direct the the petitioner to approach the Board of Revenue as statutory remedy is available under paragraph 494.
This petition is disposed of with a direction to the petitioner to file application for expeditious hearing under paragraph 494 Chapter 50 of the Revenue Courts 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 six weeks thereafter.
Order Date :- 12.3.2021 Sachin