Court No. - 18
Case :- WRIT - C No. - 24413 of 2021 Petitioner :- Smt. Geeta Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anoop Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Anoop Kumar, learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
The writ petition arises out of proceedings taken out under Section 34 of the U.P. Revenue Code, 2006 by the petitioner which came to be registered as Case no. 01565/2020, Computerised No.T202017140201565 (Smt. Geeta Devi and another Vs Achala urf Achala Devi) before the learned court below.
Sri Anoop Kumar, learned counsel for the petitioner submits that the objectors have been duly served notice and have tendered their objections before the court below.
It is contended that there is no reasonable cause for delay in deciding the aforesaid proceedings. The learned court below has not adhered to the statutory time limit to decide the matter.
Learned Standing Counsel submits that the authorities are under statutory obligation to decide the proceedings in the manner and time frame prescribed by law.
Heard learned counsel for the parties.
There is merit in the contention of learned Standing Counsel that the learned court below while adhering to the stipulated timeline prescribed in the statute, cannot waive or relax the requirements of procedural propriety and noticing all parties to the lis.
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.
The order sheet does not disclose good cause for the inordinate delay in deciding the proceedings.
In the wake of the preceding discussion interest of justice will be served by remitting the matter to respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti.
A writ in the nature of mandamus is issued commanding the respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti, to execute the following directions:
(I) The respondent No.2/Tehsildar, Tehsil- Bhanpur, District- Basti, shall notice all parties/defendants to the lis and shall record a finding in regard to sufficiency of service of notice upon the said defendants before proceeding with the matter.
(II) The respondent No.2/Tehsildar, Tehsil- Bhanpur, District- Basti, shall decide the Case no. 01565/2020, Computerised No.T202017140201565 (Smt. Geeta Devi and another Vs Achala urf Achala Devi), within a period of three months from the date of receipt of a copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/ 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.
(III) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(IV) All parties to the lis are directed to cooperate with the proceedings before the respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti.
(V) In case any party does not cooperate in the proceedings before the respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti or adopts dilatory tactics, the respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti, shall record a finding to this effect and proceed in accordance with law.
(VI) The respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti shall give short dates in the suit proceedings.
(VII) The respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti, shall not grant any unnecessary adjournment to the parties.
(VIII) In case an adjournment is granted in the paramount interest of justice, respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(IX) If necessary, the respondent No.2/ Tehsildar, Tehsil- Bhanpur, District- Basti, shall proceed on day to day basis to ensure that the above timeline of three months to decide the suit is strictly adhered to.
(X) 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.
The writ petition is disposed of.
Order Date :- 27.9.2021 Pravin