Court No. - 30
Case :- WRIT - C No. - 17667 of 2021 Petitioner :- Smt. Sushma Mishra Respondent :- Tehsildar And Another Counsel for Petitioner :- Yashpal Yadav,Lalji Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Yashpal Yadav, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The proceedings were instituted under Section 34 of the Uttar Pradesh Revenue Code, 2006 in the year 2018, which came to be registered as Case No. T201814360603284, (Smt. Sushma Mishra Vs Nagesh Mishra), pending in the court of learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur.
Sri Yashpal Yadav, learned counsel for the petitioner 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 Yashpal Yadav, learned counsel for the petitioner is that the proceedings registered as Case No. T201814360603284, (Smt. Sushma Mishra Vs Nagesh Mishra) under Section 34 of the Uttar Pradesh Revenue Code, 2006 may be decided within a reasonable period of time.
Learned Standing Counsel submits that the authorities are under an obligation of law to make efforts to decide the proceedings under Section 34 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/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur.
A writ in the nature of mandamus is issued commanding the learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, to execute the following directions:
(I) The learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, shall decide the proceedings registered as Case No. T201814360603284, (Smt. Sushma Mishra Vs Nagesh Mishra) 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 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/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur.
(IV) In case any party does not cooperate in the proceedings before the learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, or adopts dilatory tactics, the learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, shall record a finding to this effect and proceed in accordance with law.
(V) The learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, shall give short dates in the proceedings.
(VI) The learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, 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/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, shall impose costs not below Rs. 500/- for each adjournment upon the party seeking adjournment.
(VIII) If necessary, the learned court below/Tehsildar/Naib Tehsildar, Tehsil Madiyahu, District Jaunpur, 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 :- 30.7.2021 Pravin