Heard Sri Rakesh Kumar Srivastava, learned counsel for the petitioners and Sri Hemant Kumar Pandey, learned counsel appearing for the State Respondent.
This petition has been filed with the following main prayer:-
"Issue a direction to the opposite Party No.1 i.e. the Tehsildar (Judicial) Tehsil- Sadar, District- Ayodhya, Ayodhya, for deciding the Mutation Case No.1057/1086 Smt. Sukhmata Vs. Nanhku U/s 34 of the U.P. Land Revenue Act within the stipulated time as may be fixed by the Hon'ble Court"
It is the case of the petitioners that father of the petitioners had three daughters. Two of them has come up before this Court as petitioners, whereas one of them Sukhmata forged a Will allegedly made out by their father in her favour and got an order of mutation on 16.05.2005. The petitioners filed an application for recall on 29.09.2006 which was rejected on 14.06.2007. The petitioners filed an Appeal against the said order which Appeal was allowed in 2008 and the matter remitted to the Tehsildar (Judicial) Sadar Faizabad on 04.02.2009 and it was directed that the matter shall be heard on merits. The respondent Sukhmata filed a Revision against such order of recall, which Revision was eventually dismissed on 08.01.2021. Now it is clear that the matter has to be heard and disposed of on merits. Date was fixed by the Tehsildar on 15.01.2021 after the matter was remanded, but despite the petitioners prayer for deciding the same expeditiously as they are suffering since 2005, the case has not been heard effectively.
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 petitioners 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 petitioners and pass appropriate orders in accordance with law within six weeks thereafter.
Order Date :- 11.2.2021 Rahul