Court No. - 18
Case :- WRIT - C No. - 23301 of 2021 Petitioner :- Pratavi Devi @ Pratibi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Tej Bahadur Saroj,Ravi Shankar Yadav Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Ajay Bhanot,J.
Heard Sri Arvind Kumar Umrao, learned counsel holding brief of Sri Tej Bahadur Saroj, learned counsel for the petitioner, learned Standing Counsel for the respondents No.1 and 2-State and Sri Bhupendra Kumar Tripathi, learned counsel for the respondent No.3-Gaon Sabha.
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.01962 of 2019, Computerized Case No.T201914360301962 (Pratibi Vs. Shankar Lal and Jokhulal and others) before the learned court below.
Sri Arvind Kumar Umrao, learned counsel holding brief of Sri Tej Bahadur Saroj, learned counsel for the petitioner submits that the respondent No.7, who is a defendant in the said proceedings has already entered appearance and tendered his objections before the learned court below. The petitioner had purchased the land from the respondents No.4, 5, and 6, who have no objections to the mutation proceedings. He calls attention to the order sheet of the learned court below as well as the objections appended as annexures-3 and 4 to this writ petition. 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 has 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.
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.
In the wake of the preceding discussion interest of justice will be served by remitting the matter to respondent No.2/ Tehsildar, Tehsil-Machalishahar, District-Jaunpur.
A writ in the nature of mandamus is issued commanding the respondent No.2/ Tehsildar, Tehsil- Machalishahar, District-Jaunpur, to execute the following directions:
(I) The respondent No.2/ Tehsildar, Tehsil- Machalishahar, District-Jaunpur, shall ensure service of notice upon all the defendants to the lis and record a finding of satisfaction of service before proceeding with the matter on merits.
(II) The respondent No.2/ Tehsildar, Tehsil- Machalishahar, District-Jaunpur shall decide Case No.01962 of 2019, Computerized Case No.T201914360301962 (Pratibi Vs. Shankar Lal and Jokhulal 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/ Tehsildar, Tehsil-Machalishahar, District-Jaunpur.
(V) In case any party does not cooperate in the proceedings before the respondent No.2/ Tehsildar, Tehsil-Machalishahar, District-Jaunpur or adopts dilatory tactics, the respondent No.2/ Tehsildar, Tehsil- Machalishahar, District-Jaunpur, shall record a finding to this effect and proceed in accordance with law.
(VI) The respondent No.2/ Tehsildar, Tehsil- Machalishahar, District-Jaunpur shall give short dates in the suit proceedings.
(VII) Therespondent No.2/ Tehsildar, Tehsil- Machalishahar, District-Jaunpur, 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-Machalishahar, District-Jaunpur, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(IX) If necessary, the respondent No.2/ Tehsildar, Tehsil-Machalishahar, District-Jaunpur, 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 :- 20.9.2021 Ashish Tripathi