Court No. - 18
Case :- WRIT - C No. - 23439 of 2021 Petitioner :- Yogesh Kumar Maurya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Rajesh Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondents No.1 and 2-State.
The writ petition arises out of proceedings taken out under Sections 34/35 of the U.P. Revenue Code, 2006 by the petitioner which came to be registered as Case No.01949 of 2020, Computerized Case No.T202015060601949 (Yogesh Kumar and others Vs. Chhabilal), before the learned court below/Tehsildar, Tehsil-Budhanpur, District- Azamgarh.
Sri Rajesh Kumar, learned counsel for the petitioner submits that the private respondents have been served notice under Sections 34/35 of the U.P. Revenue Code, 2006. The said private respondents have also tendered their objections before the learned court below. He also calls attention to the order sheet of the learned court below. It is contended that there is no reasonable cause for delay in deciding the aforesaid proceedings. The learned court below has not adhered to the statutory time limit to decide the matter.
Learned Standing Counsel points out that the private defendants are the contesting parties on the ground that the property was the joint family holding which was sold without family partition. All these issues have to be considered by the learned court below. He further submits that the authorities are under statutory obligation to decide the proceedings in the manner and time frame prescribed by law. However, the learned court below has to ascertain that all the parties to the lis have been duly served notices.
Heard learned counsel for the parties.
There is merit in the contention of learned Standing Counsel that the learned court below while adhering to the stipulated timeline prescribed in the statute, cannot waive or relax the requirements of procedural propriety and noticing all parties to the lis.
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. The statutory time for deciding the matter under Rule 34(7) of the Uttar Pradesh Revenue Code Rules, 2016 has long expired.
In the wake of the preceding discussion interest of justice will be served by remitting the matter to learned court below/Tehsildar, Tehsil-Budhanpur, District-Azamgarh.
A writ in the nature of mandamus is issued commanding the learned court below/Tehsildar, Tehsil- Budhanpur, District-Azamgarh, to execute the following directions:
(I) The learned court below/Tehsildar, Tehsil- Budhanpur, District-Azamgarh, shall ensure service of notice upon all the defendants to the lis and record a finding of satisfaction of service before proceeding with the matter on merits.
(II) The learned court below/Tehsildar, Tehsil- Budhanpur, District-Azamgarh shall decide Case No.01949 of 2020, Computerized Case No.T202015060601949 (Yogesh Kumar and others Vs. Chhabilal) 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.
(III) All parties to the lis shall be given an opportunity of hearing before the final order is passed.
(IV) All parties to the lis are directed to cooperate with the proceedings before the learned court below/Tehsildar, Tehsil-Budhanpur, District- Azamgarh.
(V) In case any party does not cooperate in the proceedings before the learned court below/Tehsildar, Tehsil-Budhanpur, District-Azamgarh or adopts dilatory tactics, the learned court below/Tehsildar, Tehsil-Budhanpur, District-Azamgarh, shall record a finding to this effect and proceed in accordance with law.
(VI) The learned court below/Tehsildar, Tehsil- Budhanpur, District-Azamgarh, shall give short dates in the suit proceedings.
(VII) The learned court below/Tehsildar, Tehsil- Budhanpur, District-Azamgarh, shall not grant any unnecessary adjournment to the parties.
(VIII) In case an adjournment is granted in the paramount interest of justice, learned court below/Tehsildar, Tehsil-Budhanpur, District- Azamgarh, shall impose costs not below Rs.500/- for each adjournment upon the party seeking adjournment.
(IX) If necessary, the learned court below/Tehsildar, Tehsil-Budhanpur, District-Azamgarh, shall proceed on day to day basis to ensure that the above timeline of three months to decide the suit is strictly adhered to.
(X) 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 :- 27.9.2021 Ashish Tripathi