Court No. - 18
Case :- WRIT - C No. - 20379 of 2021 Petitioner :- Rajeev Singh Respondent :- Up-Ziladhikari And 5 Others Counsel for Petitioner :- Satish Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Satish Chaturvedi, learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
Shri Satish Chaturvedi, learned counsel for the petitioner contends that the proceedings under Section 210 of the U.P. Land Revenue Act which came to be registered as Appeal No. 44/82 of 2011, Mahendra Pratap Singh (since deceased) and Rajiv Singh S/o late Mahendra Pratap Singh Vs. Dhirendra Pratap Singh and others, alongwith other companion appeals, registered as Appeal No. 41/83 of 2011, Appeal No. 42/85 of 2011 and Appeal No. 43/84 of 2011 are pending and a final decision is being inordinately delayed for no good reason. The learned appellate court has also from time to time fixed the matter for final arguments. However, the matter remains undecided till date.
The only prayer made by Shri Satish Chaturvedi, learned counsel for the petitioner is that the aforesaid appeals may be decided within a stipulated period of time.
Learned Standing Counsel submits that the authorities are under an obligation of law to make efforts to decide the appeals within a reasonable period of time.
The order-sheet discloses that all the parties are duly noticed and have entered appearance before the learned court below.
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 appeal.
In wake of the preceding discussion, the matter is remitted to the appellate authority/respondent no. 1-Upper UP- Ziladhikari, Sadar-Ghazipur.
To show his bonafides Shri Satish Chaturvedi, learned counsel for the petitioner gives an undertaking on behalf of the petitioner that the petitioner shall not seek any adjournment in the said proceedings.
A writ in the nature of mandamus is issued commanding the appellate authority/respondent no. 1-Upper UP- Ziladhikari, Sadar-Ghazipur, to execute the following directions:
(I) The appellate authority/respondent no. 1-Upper UP- Ziladhikari, Sadar-Ghazipur, shall decide the Appeal No. 44/82 of 2011, Mahendra Pratap Singh (since deceased) and Rajiv Singh S/o late Mahendra Pratap Singh Vs. Dhirendra Pratap Singh and others, alongwith other companion appeals, registered as Appeal No. 41/83 of 2011, Appeal No. 42/85 of 2011 and Appeal No. 43/84 of 2011 within a period of six months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad. 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 appellate authority/respondent no. 1-Upper UP-Ziladhikari, Sadar-Ghazipur.
(IV) In case any parties do not cooperate in the proceedings before the appellate authority/respondent no. 1-Upper UP- Ziladhikari, Sadar-Ghazipur, or adopts dilatory tactics, appellate authority/respondent no. 1-Upper UP-Ziladhikari, Sadar-Ghazipur, shall record a finding to this effect and proceed in accordance with law.
(V) The appellate authority/respondent no. 1-Upper UP- Ziladhikari, Sadar-Ghazipur, shall give short dates in the suit proceedings.
(VI) The appellate authority/respondent no. 1-Upper UP- Ziladhikari, Sadar-Ghazipur, shall not grant any unnecessary adjournment to the parties.
(VII) In case an adjournment is granted in the paramount interest of justice, the appellate authority/respondent no. 1- Upper UP-Ziladhikari, Sadar-Ghazipur, shall impose costs not below Rs.1500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the appellate authority/respondent no. 1-Upper UP-Ziladhikari, Sadar-Ghazipur, shall proceed with the hearing of the case on day to day basis to ensure that the above stipulated timeline of six months to decide the appeals 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.
(X) In case the matter is transferred to another court, the latter court shall also be bound by these directions.
The writ petition is disposed of finally.
Order Date :- 24.8.2021 Dhananjai