Allahabad High Court
Shabbeer Ahamad vs S.D.M. Tiloi Amethi & Ors. on 18 March, 2021
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- MISC. SINGLE No. - 7444 of 2021 Petitioner :- Shabbeer Ahamad Respondent :- S.D.M. Tiloi Amethi & Ors. Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J.
Heard.
This petition has been filed with the following main prayer:-
"(i) Issue a writ, order or direction in the nature of the mandamus commanding to the opposite party no. 1 to taken action on the application dated 09.06.20250 (Annexure No. 4) moved by the petitioner before him as well as finally decide the petitioner's case No. 01983, Computerized Case No. T201904710801983 (Shabbeer Vs. Gram Shabha) Under Section 24 of Uttar Pradesh Revenue Code, 2006 bearing related to Village Bhadsana Pargana-Mohanganj, Tahsil-Tiloi, District Amethi, that is pending before him, within stipulated period of time as fixed by this Hon'ble Court."
It has been submitted by 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 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 direct 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 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 Code 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 :- 18.3.2021/Asheesh