Court No. - 18
Case :- WRIT - C No. - 23529 of 2021 Petitioner :- Kapil Deo Singh Respondent :- Tehsildar And Another Counsel for Petitioner :- Afshan Shafaut Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Ms. Afshan Shafaut, learned counsel for the petitioner and the learned Standing Counsel for the respondent No.1-State.
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.RST/3668 of 2019, Computerized Case No.T201905440403668 (Kapil Deo Singh Vs. Smt. Reena Devi) before the learned court below.
Ms. Afshan Shafaut, learned counsel for the petitioner submits that the respondent No.2 has already entered appearance before the learned court below. The petitioner had purchased the land from the respondent No.2. Attention is called to the order sheet of the learned 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. However, the learned court below have to ascertain that all the parties to the lis have been duly served notices.
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. The learned court below shall return a specific finding of sufficiency of service upon all defendants to the lis and after recording such satisfaction to proceed with the matter.
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. The statutory time for deciding the matter under Rule 34(7) of the Uttar Pradesh Revenue Code Rules, 2016 has long expired.
According to the petitioner, the contesting defendant to the lis has entered appearance before the learned court below. The learned court below has to ensure that the defendant is duly noticed.
In the wake of the preceding discussion interest of justice will be served by remitting the matter to respondent No.1/ Tehsildar, Tehsil-Kasya, District- Kushinagar.
A writ in the nature of mandamus is issued commanding the respondent No.1/ Tehsildar, Tehsil- Kasya, District-Kushinagar, to execute the following directions:
(I) The respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar, shall ensure service of notice upon the defendant to the lis and record a finding to this effect.
(II) The respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar, shall decide the Case No.RST/3668 of 2019, Computerized Case No.T201905440403668 (Kapil Deo Singh Vs. Smt. Reena 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.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar.
(V) In case any party does not cooperate in the proceedings before the respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar or adopts dilatory tactics, the respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar, shall record a finding to this effect and proceed in accordance with law.
(VI) The respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar shall give short dates in the suit proceedings.
(VII) The respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar, shall not grant any unnecessary adjournment to the parties.
(VIII) In case an adjournment is granted in the paramount interest of justice, respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(IX) If necessary, the respondent No.1/ Tehsildar, Tehsil-Kasya, District-Kushinagar, 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 :- 21.9.2021 Ashish Tripathi