Heard.
The petitioner herein seeks expeditious disposal of case number T-20160412052866 u/s 34/35 of the U.P. Land Revenue Act, 1901. However, the order sheet reveals that on many dates the lawyers have abstained form work which is obviously one of the reasons for non-disposal of the case.
This court in number of similar matters has passed various orders. Such orders have been passed in writ petition number 8784 (M/S)of 2019 on 30 March 2019, writ petition number 8902 (M/S) of 2019 dated 01.04.2019 and writ petition number 19831 (M/S) no 2019 dated 22/07/2019 wherein this Court has expressed its concern and anxiety over such resolutions passed by the revenue bar associations on account of which lawyers have abstained from work en-masse repeatedly and continuously. In some cases after perusing the order sheet the court found out that out of 22 dates on 19 dates the lawyers had abstained from work, in another case it was found that out of 45 dates on 42 dates the lawyers had abstained from work. This phenomenon has assumed the proportion of an epidemic as far as the revenue bar associations in the Tehsil and sub divisions are concerned where the cases of peasants and agriculturist are taken up who are obviously put to great hardships.
In writ petition number no 1983 M/S 2019 this court had recorded the statement of the Vice Chairman of the Bar Council of U.P. and also its members namely Shri Prashant Singh Atal and Akhilesh Singh Awasthi and they stated that they will take the matter in bar council itself and some positive steps shall be taken so that in future the bar associations attached to the revenue courts at various tehsils do not pass such resolutions and if they do then effective remedial measures can be taken, as, after all, the accountability of all involved in judicial system including the lawyers has to be fixed and the system cannot be allowed to degenerate merely because those involved in the justice dispensation system do not cooperate and are not conscious of their obligations towards the litigants. But it seems that we have becoming insensitive to their problems.
That is why this court had passed the aforesaid orders and in pursuance of orders passed in some cases the bar associations responded with responsibility and sincerity by resuming work. Some of the bar associations even passed resolution not to abstain from work. However, it seems that in some of the revenue bar associations the practice of abstaining from work is still continuing. This appears to be one such case.
This court also takes notice of the fact that in a recent matter involving the bar associations of the High Court of Allahabad at Lucknow and Allahabad the Hon?ble Supreme Court passed an order on 26.08.2019 which reads as under:
"It is a very unfortunate situation that both the Bar Associations have not acted in a responsible manner as is expected from them, the entire judicial system has been kept on ransom by going on strike.
5. We make it clear to the Office Bearers of both the Bar Associations are supposed to act in a responsible manner and not to resort to strike which has been done in the instant matter. We are told that the lawyers are on strike for a week in Oudh Bar Association and for some days in Allahabad Bar Association.
6. We request both the Bar Associations not to indulge in the strike at all as the courts are meant for delivering justice, the doors of which cannot be shut down to the litigants whose life, liberty and property are in danger. Lawyers have the duty not only to the system, but also to the society and the country. They belong to a noble profession which has a high respect in the society and that is why, lawyers form different respectable class of society. We expect that good sense will prevail in both the Bar Associations and they are not supposed to settle their demands by resorting to strikes which may lead to nothing but delaying the justice to the litigants. There are already approximately 10 lakh matters pending in the High Court of Judicature at Allahabad. That is why, more responsibility lies on the Office Bearers of both the Bar Associations to behave in a more responsible manner and to ensure that the Courts are not closed even for a day and work is continuously done there, otherwise the day is not away when some devise will have to be worked out how the arrears can be reduced and speedy justice can be rendered to the litigants. If the Bar Associations resort to strike in this method and manner, this Court keeps the options open to take up the matter on the judicial side and to deal with it in accordance with law.
7. We further decline to comment on the merits of the impugned order as suo-moto exercise was wholly uncalled for and exercise of which has, in fact, resulted into agitation and cross-agitation in the Bar Associations. The impugned order is set aside. However, it is open to the aggrieved person to take recourse to the appropriate proceedings in accordance with law."
As is evident from the perusal of the judgment of the Supreme Court it expressed its anxiety on account of lawyers abstaining from work and has also expressed its dis-satisfaction in this regard.
In the facts of the present case the opposite party 1 i.e. the Naib Tehlisdar, Haidergarh, District Barabanki is directed to dispose off the mutation petition within three months if there is no legal impediment since the same has been remained pending since 2016.
A copy of this judgment shall be sent to the Chairman, Board of Revenue Lucknow for circulation to all the Collectors in the districts of Uttar Pradesh who in turn shall circulate the same to all revenue courts and the bar associations associated with those courts with the request to cooperate in the proceedings before the revenue courts and not to abstain from the work by passing resolution for en-masse abstention from work.
The Court expects that the lawyers practicing at the revenue court at various levels shall respect the sentiments expressed by this court and the Supreme Court and shall not jeopardise the interests of the poor litigants.
The Senior Registrar of this court shall send copy of this judgment to the Chairman, Board of revenue, Lucknow for compliance.
With these observations this petition is disposed off.
Order Date :- 30.8.2019 J.K. Dinkar