Court No. - 18
Case :- WRIT - C No. - 19502 of 2021 Petitioner :- Ram Ashray Chaubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awadesh Tiwari,Gunjan Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Awadesh Tiwari, learned counsel for the petitioner contends that the proceedings were first instituted in the year 1971. After various rounds of litigation the suit was remanded to the court of Sub Divisional Magistrate, Ballia in the year 2000. The matter is not being decided till date.
Learned counsel for the petitioner submits that the respondents no. 3 and 4 who are the only defendants in the proceedings before the court below have entered appearance after the remand in the year 2000. He calls attention to the order dated 15.01.2021 of the ordersheet in the court below.
The only prayer made by Sri Awadesh Tiwari, learned counsel for the petitioner is that the proceedings registered as Case No. 13/1971/5/2000 U/S 69/61 U.P. Tenancy Act in re- Madan Mohan Tiwari Vs Jai Narain Chaubey, may be decided within a reasonable period of time.
Learned Standing Counsel submits that the courts below are under an obligation of law to decide the matter expeditiously.
Since this Court does not have the records including the status of the evidences received by the court below it will be appropriate to ensure that the matter is decided within a period of one year.
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 case. Evidently all contesting parties are represented before the court below.
No useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.
The matter is remitted to the learned court below/Sub- Divisional Magistrate, Ballia, District Ballia.
A writ in the nature of mandamus is issued commanding the learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, to execute the following directions:
(I) The learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, shall decide the proceedings registered as Case No. 13/1971/5/2000 U/S 69/61 U.P. Tenancy Act in re- Madan Mohan Tiwari Vs Jai Narain Chaubey in accordance with law preferably within a period of one year from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad.
The computer generated copy of such order be self attested by the counsel of the party concerned and 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 learned court below/Sub-Divisional Magistrate, Ballia, District Ballia.
(IV) In case any party does not cooperate in the proceedings before the learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, or adopts dilatory tactics, the learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, shall record a finding to this effect and proceed in accordance with law.
(V) The learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, shall give short dates in the proceedings.
(VI) The learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, shall not grant any unnecessary adjournment to the parties.
(VII) In case an adjournment is granted in the paramount interest of justice, the learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, shall impose costs not below Rs. 2000/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned court below/Sub-Divisional Magistrate, Ballia, District Ballia, shall proceed on day to day basis to ensure that the above stipulated timeline of three months to decide the case 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.
With the aforesaid directions, the petition is finally disposed of.
Order Date :- 12.8.2021 Pravin