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2021 Supreme(All) 1268

Rajesh Yadav – Appellant
Versus
Sub Divisional Officer, Teh. Milkipur, Ayodhya – Respondent


Advocates Appeared:
For the Petitioner: Ajay Kumar Pandey.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Mr. Ajay Kumar Pandey learned counsel for petitioner and Mr. Pradeep Kumar Singh learned Additional Chief Standing Counsel appearing on behalf of opposite party No.1. In view of order being passed, notices to opposite party No.2 stand dispensed with.

2. Petition has been filed seeking following reliefs:-

    "a. Direct the opposite party no.1 to decide the appeal under section 35(2) of U.P. Revenue Code, 2006 bearing Appeal No.0824/2020, Computerized case No. T-202004230400824, Ram Chandar versus Rakesh Kumar and others, expeditiously, within a period, as fixed by this Hon'ble court, in the interest of justice. ...."

3. Learned State Counsel appearing on behalf of opposite party No.1 has raised a preliminary objection regarding maintainability of the petition under Article 227 of the Constitution of India in view of Chapter L, paragraph 494(1) of the U.P. Revenue Court Manual. It is submitted that the aforesaid chapter is comprised in part V of the U.P. Revenue Court Manual (Amendment) Regulations 2016 and specifically provides that the Board of Revenue may suo moto or on the application of a party to the suit, appeal, revision or other proceeding pass general or specif

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