Court No. - 18
Case :- WRIT - C No. - 23469 of 2021 Petitioner :- Mangroo Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kush Kumar Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Ajay Bhanot,J.
Heard Sri Kush Kumar Pandey, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counsel for gaon sabha and learned Standing Counsel.
The petitioner instituted proceedings for demarcation of the disputed parcels of land under Section 24 of the U.P. Revenue Code, 2006 which came to be registered as Case No.2582 of 2019 Computerized Case No. 201902030402582 of 2017 (Mangroo Vs. Gram Sabha and others).
Sri Kush Kumar Pandey, learned counsel for the petitioner contends that the statutory time limit for deciding the said proceedings provided under Section 24 (3) of the U.P. Revenue Code, 2006 has long expired. The only prayer made by Sri Kush Kumar Pandey, learned counsel for the petitioner is that Case No.2582 of 2019 Computerized Case No. 201902030402582 of 2017 (Mangroo Vs. Gram Sabha and others) be decided within a stipulated period of time.
Learned Standing Counsel submits that the authorities are under obligation of law to decide the proceedings under Section 24 of the U.P. Land Revenue Act, 2006 as per the procedure prescribed and the time period contemplated in the U.P. Revenue Code, 2006. He however contends that the authorities below have to ensure that all necessary parties are duly noticed before taking a decision in the matter.
In the wake of the preceding discussion, no useful purpose will be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted is remitted to the respondent no. 2/ Sub- Divisional Officer, Tehsil Handia District Prayagraj.
A writ in the nature of mandamus is issued commanding the respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj to execute the following directions:
(I) The respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj shall ensure that all parties are duly noticed. A finding in regard to the service of notice upon all necessary parties shall be duly recorded before deciding the matter on merits.
(II) The respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj shall decide Case No.2582 of 2019 Computerized Case No. 201902030402582 of 2017 (Mangroo Vs. Gram Sabha and others) 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/ Sub-Divisional Officer, Tehsil Handia District Prayagraj.
(V) In case any party does not cooperate in the proceedings before the respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj or adopts dilatory tactics, the respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj, shall record a finding to this effect and proceed in accordance with law.
(VI) The respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj shall give short dates in the suit proceedings.
(VII) The respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj, 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/ Sub-Divisional Officer, Tehsil Handia District Prayagraj, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(IX) If necessary, respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj, 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.
It is clarified that this Court has not entered into merits of the controversy. It is for the respondent no. 2/ Sub-Divisional Officer, Tehsil Handia District Prayagraj to decide the issue after independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 21.9.2021/Nadeem