- (1.) This is a writ petition filed by the petitioners who claim to be registered clerk of Civil Court Raebareli discharging their duties as such with their respective Advocates as has been averred in paragraph 5 of the writ petition. Their grievance is that the Revenue Record Keeper in the Collectorate Raebareli is not permitting them to inspect the files pertaining to revenue records. Learned counsel for the petitioners has relied upon Section 221 of the U.P. Revenue Code, 2006 (hereinafter referred to as ''the Code-2006') to contend that under the said provision any person can inspect the records on payment of prescribed fee, therefore, he says that the action of the Record Keeper is contrary to law. As regards a contrary decision by a Co-ordinate Bench of this Court dated 21.02.2018 in Writ Petition No.5319 of 2018 (MB), Learned counsel for the petitioners submitted that the provisions of Section 221 referred hereinabove was not noticed therein, therefore, it did not constitute a binding precedent.
(2.) Learned counsel for the petitioners has also invited the attention of the Court to sub section 3 of Section 234 of the Code-2006 by which the Revenue Court Manual in force on the date of commencement of ''the Code 2006' would continue to remain in force to the extent it is not inconsistent with the provisions of this Code, until amended, rescinded or repealed by any regulations made under the said provision.
(3.) Learned counsel for the petitioners has relied upon the provisions of the Allahabad High Court Rules to contend that even in the Allahabad High Court inspection of records by any person including a person other than a party to the litigation or the litigant, is permissible.;