Court No. - 18
Case :- WRIT - C No. - 19158 of 2021 Petitioner :- Baijanti And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Triloki Nath,Shravan Kumar Yadav Counsel for Respondent :- C.S.C.,Pradeep Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Triloki Nath Tiwari, learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
The proceedings were instituted under Section 34 of the Uttar Pradesh Land Revenue Act, 1901 in the year 2014, which came to be registered as Suit No.3050/2014, Computerized Suit No.T20141667053050 (Baijanti and others Vs. Indra Bahadur and others), pending in the court of learned court below/Tehsildar, Tehsil-Bhadohi, District- Bhadohi.
It is specifically asserted that the two private defendants in the proceedings before the learned court below are joined as respondents No.3 and 4 to this writ petition. They have entered appearance and tendered their objections before the learned court below.
Sri Triloki Nath Tiwari, learned counsel for the petitioners contends that there is no credible reason for the delay in deciding the aforesaid proceedings.
The only prayer made by Sri Triloki Nath Tiwari, learned counsel for the petitioners is that the said proceedings be decided within the stipulated period of time.
Learned Standing Counsel submits that the authorities are under an obligation of law to make efforts to decide the proceedings under Section 34 of the Uttar Pradesh Land Revenue Act, 1901 within a reasonable period of time.
The order-sheet discloses that there is no good cause for the inordinate delay in deciding the aforesaid proceedings.
No lis can remain pending indefinitely before a court of law. Prolonged pendency of a lis without good cause may lead to miscarriage of justice.
No useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.
The matter is remitted to the learned court below/Tehsildar, Tehsil-Bhadohi, District-Bhadohi.
A writ in the nature of mandamus is issued commanding the learned court below/Tehsildar, Tehsil- Bhadohi, District-Bhadohi, to execute the following directions:
(I) The learned court below/Tehsildar, Tehsil-Bhadohi, District-Bhadohi, shall decide the proceedings registered as Suit No.3050/2014, Computerized Suit No.T20141667053050 (Baijanti and others Vs. Indra Bahadur and others), under Section 34 of the Uttar Pradesh Land Revenue Act, 1901, within a period of three months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad. The authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
(II) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(III) All parties to the lis are directed to cooperate with the proceedings before the learned court below/Tehsildar, Tehsil-Bhadohi, District-Bhadohi.
(IV) In case any party does not cooperate in the proceedings before the learned court below/Tehsildar, Tehsil-Bhadohi, District-Bhadohi, or adopts dilatory tactics, the learned court below/Tehsildar, Tehsil- Bhadohi, District-Bhadohi, shall record a finding to this effect and proceed in accordance with law.
(V) The learned court below/Tehsildar, Tehsil Handia, District Prayagraj, shall give short dates in the proceedings.
(VI) The learned court below/Tehsildar, Tehsil- Bhadohi, District-Bhadohi, shall not grant any unnecessary adjournment to the parties.
(VII) In case any adjournment is granted in the paramount interest of justice, the learned court below/Tehsildar, Tehsil-Bhadohi, District-Bhadohi, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned court below/Tehsildar, Tehsil-Bhadohi, District-Bhadohi, shall proceed with the hearing of the matter on day to day basis to ensure that the above stipulated timeline of three months to decide the suit is strictly adhered to.
(IX) This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced. With the aforesaid directions, the petition is finally disposed of.
Order Date :- 13.8.2021 Ashish Tripathi