Court No. - 18
Case :- WRIT - C No. - 23567 of 2021 Petitioner :- Ramashankar Respondent :- Tehsildar Tehsil Aurai And Another Counsel for Petitioner :- Roopesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Roopesh Kumar Mishra, learned counsel for the petitioner is permitted to implead 'Gaon Sabha, Durasi, Aurai, District-Bhadohi' as party respondent No.3 in the array of the parties to the writ petition during the course of the day.
Heard Sri Roopesh Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondent No.1-State and Sri Ritesh Kumar, learned counsel holding brief of Sri Pradeep Singh, learned counsel for the respondent No.3/Gaon Sabha.
The proceedings under Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 registered as Case No.133 of 2011 (Report Lekhpal Vs. Ramashankar) were instituted against some persons including the petitioner.
The petitioner claims that he has not illegally encroached upon any public land. There is no good cause for indefinite delay in deciding the proceedings.
The only prayer made by Sri Roopesh Kumar Mishra, learned counsel for the petitioner is that the proceedings registered as Case No.133 of 2011 (Report Lekhpal Vs. Ramashankar) may be decided within a stipulated period of time.
Learned Standing Counsel submits that the authorities are under statutory obligation to decide the proceedings within a reasonable period of time.
Heard learned counsel for the parties.
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.
In the wake of the preceding discussion interest of justice will be served by remitting the matter to respondent No.1/ Tehsildar, Tehsil-Kasya, District- Kushinagar.
A writ in the nature of mandamus is issued commanding the respondent No.1/ Tehsildar, Tehsil- Aurai, District-Sant Ravidas Nagar, Bhadohi, to execute the following directions:
(I) The respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi, shall decide the Case No.133 of 2011 (Report Lekhpal Vs. Ramashankar), 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.
(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 respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi.
(IV) In case any party does not cooperate in the proceedings before the respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi or adopts dilatory tactics, the respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi, shall record a finding to this effect and proceed in accordance with law.
(V) The respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi shall give short dates in the suit proceedings.
(VI) The respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi, shall not grant any unnecessary adjournment to the parties.
(VII) In case an adjournment is granted in the paramount interest of justice, respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the respondent No.1/ Tehsildar, Tehsil-Aurai, District-Sant Ravidas Nagar, Bhadohi, shall proceed on day to day basis to ensure that the above timeline of three months to decide the suit 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. The writ petition is disposed of.
Order Date :- 21.9.2021 Ashish Tripathi