Sunita Devi vs Tehsildar,Tehsil-Bikapur,Faizabad ...
2021 Latest Caselaw 9049 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- MISC. SINGLE No. - 15951 of 2021
 

 
Petitioner :- Sunita Devi
 
Respondent :- Tehsildar,Tehsil-Bikapur,Faizabad & Anr.
 
Counsel for Petitioner :- Saryu Prasad Tiwari,Raj Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajnish Kumar,J.

Heard Shri Saryu Prasad Tiwari, learned counsel for the petitioner and Shri Tej Singh, learned Standing Counsel.

This petition has been filed for a direction to the Tehsildar, Tehsil- Bikapur, District- Ayodhya to decide the Case No.03865 of 2018, computerized Case No.T-201804230303865; Sunita Devi Vs. Balikaran, under Section 34 of the U.P. Revenue code, 2006.

Learned Standing Counsel raised an objection regarding maintainability of the present petition under Article 226 of the Constitution of India as well as on the ground that an amendment has been carried out in Chapter- 50 of the U.P. Revenue Court Manual (Amendment) Regulations, 2016 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 court subordinate to the Board of Revenue under Section 34 of the Land Revenue Act. Therefore, since there is an alternative and statutory remedy available before the Board of Revenue under paragraph 494, the petitioner may approach the Board of Revenue. Learned counsel for the petitioner has relied on a judgment and order dated 25.03.2021 passed in Writ Petition No.8460 (M/S) of 2021; Sushila Devi Vs. Tehsildar Alalpur A. Nagar and Others. Learned counsel for the petitioner could not dispute the same.

In view of above, this petition is dismissed on the ground of availability of alternative and statutory remedy before the Board of Revenue with liberty to approach the Board of Revenue.

In case the petitioner prefers an application within a period of one week from today, the same shall be considered by the Board of Revenue expeditiously in accordance with law.

.............................................................(Rajnish Kumar,J.)

Order Date :- 29.7.2021

Haseen U.