Court No. - 30
Case :- WRIT - C No. - 16698 of 2021 Petitioner :- Sanju Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mithilesh Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Mithilesh Kumar Gupta, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The proceedings were instituted under Section 34/35 of the Uttar Pradesh Revenue Code, 2006 in the year 2018, which came to be registered as Case No. T201814290302008, (Sanju Devi Vs Lal Babu), pending in the court of learned court below/Tehsildar Judicial, Zamania, District- Ghazipur.
Sri Mithilesh Kumar Gupta, learned counsel for the petitioners submits that the aforesaid proceedings have not been decided till date. There is no good reason for indefinite delay in deciding the case.
The only prayer made by Sri Mithilesh Kumar Gupta, learned counsel for the petitioners is that the proceedings registered as Case No. T201814290302008, (Sanju Devi Vs Lal Babu) under Section 34/35 of the Uttar Pradesh Revenue Code, 2006 may be decided within a reasonable period of time. It is specifically stated that respondent nos. 3 and 4 who are defendants in the proceedings have entered appearance before the court below. The respondents no. 3 and 4 (arrayed as defendants no. 3 and 4 before the court below) have also submitted their pleadings.
Learned Standing Counsel submits that the authorities are under an obligation of law to make efforts to decide the proceedings under Section 34/35 of the Uttar Pradesh Revenue Code, 2006 within the period prescribed in the statute.
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 case.
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/Tehsildar Judicial, Zamania, District- Ghazipur.
A writ in the nature of mandamus is issued commanding the learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, to execute the following directions:
(I) The learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, shall decide the proceedings registered as Case No. T201814290302008, (Sanju Devi Vs Lal Babu) within a period of three 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 learned court below/Tehsildar Judicial, Zamania, District- Ghazipur.
(IV) In case any party does not cooperate in the proceedings before the learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, or adopts dilatory tactics, the learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, shall record a finding to this effect and proceed in accordance with law.
(V) The learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, shall give short dates in the proceedings.
(VI) The learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, 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/Tehsildar Judicial, Zamania, District- Ghazipur, shall impose costs not below Rs. 500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned court below/Tehsildar Judicial, Zamania, District- Ghazipur, shall proceed with the matter 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 :- 27.7.2021 Pravin