Heard the learned counsel for the petitioner.
This petition has been filed with the following main prayer:-
"(i) Issue an appropriate order or direction commanding to the Apar Ayukt, IIIrd, Devi Patan Mandal, Gonda to decide the Appeal No.C201808000000434 (00434/2018) Varkat Ali and others Versus Abdul Majeed and others under Section 207 of U.P. Revenue Code, 2006, pending since 09 April 2018, within stipulated time fix by this Hon'ble Court during the pendency of the present petition, otherwise the petitioner shall suffer irreparable loss and injury."
It has been submitted by learned counsel for the petitioner that the aforesaid case is pending before the respondent no.1 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 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