Court No. - 18
Case :- WRIT - C No. - 19464 of 2021 Petitioner :- Kailash Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Janardan Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Janardan Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The proceedings were instituted under Section 34 of the Uttar Pradesh Revenue Code, 2006 in the year 2019, which came to be registered as Suit No. T201915510403437, (Kailash and others Vs Vairagi), pending in the court of learned court below/Tehsildar, Mohammadabad Gohna, District Mau.
Sri Janardan Singh, learned counsel for the petitioner submits that the aforesaid proceedings have not been decided till date. There is no good reason for indefinite delay in deciding the case.
Learned counsel for the petitioner submits that the private defendants in the suit (who are joined as respondents to the writ petition), have entered appearance before the court below and have also tendered their defence.
The only prayer made by Sri Janardan Singh, learned counsel for the petitioner is that the proceedings registered as Suit No. T201915510403437, (Kailash and others Vs Vairagi) under Section 34 of the Uttar Pradesh Revenue Code, 2006 may be decided within the prescribed 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 Revenue Code, 2006 within the period prescribed in the statute.
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. There is no reasonable cause for delay in the final decision in the case.
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, Mohammadabad Gohna, District Mau.
A writ in the nature of mandamus is issued commanding the learned court below/Tehsildar, Mohammadabad Gohna, District Mau, to execute the following directions:
(I) The learned court below/Tehsildar, Mohammadabad Gohna, District Mau, shall decide the proceedings registered as Suit No. T201915510403437, (Kailash and others Vs Vairagi) 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 computer generated copy of such order be self attested by the counsel of the party concerned and 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, Mohammadabad Gohna, District Mau.
(IV) In case any party does not cooperate in the proceedings before the learned court below/Tehsildar, Mohammadabad Gohna, District Mau, or adopts dilatory tactics, the learned court below/Tehsildar, Mohammadabad Gohna, District Mau, shall record a finding to this effect and proceed in accordance with law.
(V) The learned court below/Tehsildar, Mohammadabad Gohna, District Mau, shall give short dates in the proceedings.
(VI) The learned court below/Tehsildar, Mohammadabad Gohna, District Mau, shall not grant any unnecessary adjournment to the parties.
(VII) In case an adjournment is granted in the paramount interest of justice, the learned court below/Tehsildar, Mohammadabad Gohna, District Mau, shall impose costs not below Rs. 500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned court below/Tehsildar, Mohammadabad Gohna, District Mau, shall proceed 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 :- 12.8.2021 Pravin