Heard.
This petition has been filed with the following main prayer:-
"i. Issue a direction to direct the Tehsildar, Tehsil Sohawal to decide the mutation application no. 01127/2018 titled as Malti Devi Vs. Shiv Pal within reasonable time, considering the long pendency"
It has been submitted by learned counsel for the petitioner that the mutation application moved by the petitioner has been pending since 2011. The contesting respondent had appeared in 2013 and taken time to file objections, thereafter only general dates have been given in the matter and the dates on which the case was taken up, the lawyers have abstained from work.
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 under paragraph 494(1), wherein 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 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 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 :- 11.2.2021 Rahul