Heard the learned counsel for the petitioners.
This petition has been filed with the following main prayer:-
"(i) To order to decide the application under section 176 of U.P. Z.A. & L. R. Act dated 09.05.2012 (Shivpati and others Vs. Shyamlal and others) pending before respondent no.2 within a stipulated time period fixed by this Hon'ble Court, contained in Annexure no.2 to this petition, in the interest of justice."
It has been submitted by learned counsel for the petitioner that the aforesaid case is pending before the respondent no.2 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 Sub Divisional Officer 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 :- 27.8.2021 ank