Court No. - 18
Case :- WRIT - C No. - 31028 of 2019 Petitioner :- Kunroo Alias Harishchandra Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vipin Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
This writ petition has been filed seeking the following material relief and no other:
"A. Issue a writ order/direction in the nature of suitable mandamus to expedite/conclude the proceeding of Case No.T-201817630303499 (Kunroo alias Harishchandra Vs. State of U.P.) under Section 41 Land Revenue Act, pending in the Court of Sub Divisional Magistrate, Itwa, Siddharth Nagar filed on the instance of petitioner/applicant as the same is pending since 16.03.2013, within limited stipulated period of time of secure the ends of justice."
The grievance of the petitioner is that he has filed an application dated 16.03.2013, for demarcation under Section 41 of Land Revenue Act, seeking demarcation of Gata No.226 admeasuring 0.1240 hectares, situate in Village Kathela Sharki, Tappa Varikpar, Pargana Bansi Paschim, Tehsil Itwa, District Siddharth Nagar.
The Court has been taken through the order-sheet of the case, which is annexed as Annexure-3 to the writ petition. It stretches across ten dates from 23.07.2014 to 01.07.2019. A perusal of the order-sheet does show that the Authority has taken up the matter and passed some orders. It is not that the case has remained unattended all through. But, proceedings for demarcation are summary in nature and the period of about six years during which these proceedings have remain pending is too long for such summary proceedings to be decided. The proceedings relate to boundary disputes are inherently urgent in nature. In case these are not decided early, they are likely to give rise to breaches of law and order, and sometimes even heinous crimes.
The petitioner has not impleaded any of the private respondents, who might feel aggrieved by the determination, in proceedings under Section 41 Land Revenue Act. Nevertheless, looking to the fact this Court is not deciding rights of parties as to demarcation here, impleadment of such parties may in fact, not be necessary.
Considering the overall facts and circumstances of the case, the Sub Divisional Magistrate, Itwa, Siddharth Nagar, before whom Case No.T-201817630303499 Kunroo alias Harishchandra Vs. State of U.P. under Section 41 Land Revenue Act, is pending is ordered to decide the said proceedings within a period of eight weeks from the date of production of a certified copy of this order in accordance with law after hearing all parties concerned.
The writ petition is allowed in terms of the aforesaid orders.
No order as to costs.
Order Date :- 26.9.2019 NSC