Durga Prasad Dubey vs State Of U.P.Thru. D.M. ...
2021 Latest Caselaw 2985 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 5109 of 2021
 
Petitioner :- Durga Prasad Dubey
 
Respondent :- State Of U.P.Thru. D.M. Pratapgarh & Others
 
Counsel for Petitioner :- Vikas Singh,Anand Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

This petition has been filed with the following main prayer:-

"I. To direct the court below i.e. Sub Divisional officer, Patti, District Pratapgarh to decide of application dated 14.10.2009 for recall of the exparte judgment dated 19.1.1996 passed by the opposite party No.2 in case No. 107/2016, Computerized Case No.T 201602570404915, Raj Ajore vs. Mata Prasad and others, under section 176 of U.P.Z.A.& L.R Act 1950 pending in the court of Sub Divisional officer, Patti, District Pratapgarh within stipulated period as fixed by this Hon'ble court."

It has been submitted by learned counsel for the petitioner that a partition suit was filed which was decided on 19.1.1996. The petitioner filed a recall application in 2009 which has remained pending. 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 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 :- 23.2.2021

Sachin