The case is called out.
The present writ petition has been filed under Article 227 of the Constitution of India for issuing a direction to Naib Tehsildar, opposite party no.1 to dispose of the application under Section 34 of the U.P. Land Revenue Act, pending before it from 15.6.2016.
Copy of the writ petition is received in the office of C.S.C. Learned A.C.S.C. is present to contest the case.
Learned counsel for the petitioner prays for and is allowed to implead the State as necessary party in the petition by adding State of U.P. through Principal Secretary, Revenue, Civil Secretariat, Lucknow, U.P. as party in the array of the opposite party, across the day.
Private Opposite party no.2, who is contesting the case in question but in view of the proposed order there is no need to serve him with the notice hence, service of notice is dispensed with.
The allegation is that the opposite party no.1 before whom, since 15.6.2016 the case registered as T-201608300052325 (Urmila Singh Vs. Subhagnath) under Section 34 of the U.P. Land Revenue Act is pending without any just and reasonable cause by fixing general dates. In support of his allegation, petitioner has submitted typed copy of order sheet with his affidavit as Annexure-2. On perusal whereof, the contention of learned counsel seems correct.
As the case is registered and pending in the court of Tehsildar, it implies that the report of Revenue Inspector/Kanoongo is available on record.
So far as the objection of opposite party is concerned that is also filed and the concerned authority, opposite party no.1 is to hear and decide the case by applying its judicial mind in judicious manner, the procedure is summary and even Rule 34(7) provides that if the case is non contested such applications in summary manner have to be disposed of within 45 days and in case the case is contested not take beyond 90 days to decide the same.
As such the facts and circumstances, material available on record do not give justification why the same is kept un-disposed of, while the pendency without any reasonable cause not only becomes vexatious to the parties to the proceeding but also onerous to the revenue department.
Learned A.C.S.C. have no objection if any such direction is issued to the court concerned, opposite party no.1, Tehsildar to dispose of the case expeditiously within the time prescribed by this Court.
Accordingly, opposite party no.1, Naib Tehsildar, Paraspur, Tehsil Colonelganj, Gonda is directed to decide the case pending before it referred hereinabove in body of the order under Section 34 of the Land Revenue Act within a reasonable time not beyond 90 days from the date on which copy of the order is placed before him.
With the aforesaid, the writ petition is disposed of.
Order Date :- 18.12.2019 Gaurav/-