Court No. - 7
Case :- WRIT - C No. - 5035 of 2019 Petitioner :- Rajendra Singh Alias Rajendra Prasad Respondent :- U.P. Ziladhikari Tehsil Meja And 2 Others Counsel for Petitioner :- Sanjay Kumar Upadhyay Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble J.J. Munir,J.
This writ petition has been filed seeking a writ, order or direction in the nature of mandamus directing the Sub Divisional Magistrate, Tehsil Meja, District Allahabad to decide Case No. T201702323083497 of 2018, under Section 33/39 Land Revenue Act 1901. The application is one for correction of record, that was filed on 01.03.2013. It has been assigned a case number of the year 2018 perhaps on account of a computerized renumbering of cases.
Heard learned counsel for the petitioner. The learned Standing Counsel has been heard in opposition to the motion to admit this petition to hearing.
The Court has perused the ordersheet which is replete with dates fixed by cryptic orders that say no more than "Samanya Tithi 22.02.2014". This order was passed on 11.02.2014 and has been quoted for the sake of illustration. The ordersheet is replete with orders of the same kind and the case has been lingering on since the year 2013 with no effective orders being passed. Proceedings for correction of records are summary proceedings. The Authority, charged with jurisdiction to deal with these proceedings, is under an obligation to dispose of the same expeditiously. What is reflected from the ordersheet is a clear breach of duty of a public nature on the part of the Sub Divisional Magistrate to expeditiously decide a case for correction of records. The order, fixing general dates, is absolutely illegal, and, the Sub Divisional Magistrate is ordered not to pass orders fixing general dates, even in the remotest measure.
Considering the nature of relief propose to be granted, this Court does not think that notice is required to be issued to respondent no. 3 as no order prejudicial directly to his interest is being made. However, in case respondent no. 3 still has some grievance vis-a-vis the order made today, it will be open to him to make an application in this decided writ petition.
Considering the overall facts and circumstances of the case and the fact that proceedings, under Section 33/39 for correction of record are pending before the Sub Divisional Magistrate, Meja, District Prayagraj for the past five years and more, the Sub Divisional Magistrate, Meja, District Prayagraj is ordered to decide Case No. T201702323083497 of 2018, Rajendra Prasad vs. Gram Panchayat, under Section 33/39 U.P. Land Revenue Act, within a period of four weeks, strictly in accordance with law, after hearing all the parties concerned, from the date of receipt of a certified copy of this order.
This writ petition is allowed in terms of the above order.
Order Date :- 22.2.2019 BKM/-