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2022 Supreme(All) 814

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Jaspreet Singh, J.
Smt. Kamlesh Singh – Petitioner
Versus
Board Of Revenue U.P. Lko. Thru. Its Chairman and Others – Respondents
Matters Under Article 227 No. 1602 of 2022
Decided On : 31-05-2022

Advocates Appeared:
For the Petitioner: Ajay Kumar, Amit Mishra

Headnote:

The Court took suo moto cognizance of the rampant pendency of cases before the Revenue Courts in Uttar Pradesh and issued various directions to address the issue. FACT OF THE CASE: The petitioner approached the Court seeking expeditious disposal of his mutation case pending before the Nayab Tehsildar, Jahangirganj, Tehsil Alapur, District Ambedkar Nagar. The Court had earlier directed the respondent authorities to decide the mutation case within a stipulated period. FINDING OF THE COURT: The Court noted that there was a large number of cases pending before the Revenue Courts, some of which had been pending for decades. The Court found that the main reasons for the pendency were: 1. Frequent strikes and boycotts by lawyers. 2. Non-availability of officers due to administrative and executive duties. 3. Grant of adjournments at the asking of parties. The Court held that the right to strike is not absolute and that lawyers cannot go on strike or give a call for boycott, even on a token strike. The Court also held that it is the duty of the Bar Councils to ensure that there is no unprofessional and unbecoming conduct by any lawyer. ISSUES: 1. Pendency of cases before the Revenue Courts in Uttar Pradesh. 2. Reasons for the pendency. 3. Role of lawyers and Bar Councils in ensuring expeditious disposal of cases. RATIO DECIDENDI: The Court relied on various Supreme Court judgments to hold that lawyers do not have the right to go on strike and that it is the duty of the Bar Councils to ensure that there is no unprofessional and unbecoming conduct by any lawyer. FINAL DECISION: The Court directed the State Government and other authorities to take steps to ameliorate and ease out the grave situation of pendency of cases before the Revenue Courts. The Court also directed the Bar Council of Uttar Pradesh to hold consultative dialogues with the members of the Bar and devise a Scheme, methodology for shunning the practice of strikes and proceeding ahead in deciding matters judicially for ameliorating the plight of the litigants.

Fact of the Case:

The petitioner approached the Court seeking expeditious disposal of his mutation case pending before the Nayab Tehsildar, Jahangirganj, Tehsil Alapur, District Ambedkar Nagar. The Court had earlier directed the respondent authorities to decide the mutation case within a stipulated period.

Finding of the Court:

The Court noted that there was a large number of cases pending before the Revenue Courts, some of which had been pending for decades. The Court found that the main reasons for the pendency were: 1. Frequent strikes and boycotts by lawyers. 2. Non-availability of officers due to administrative and executive duties. 3. Grant of adjournments at the asking of parties.

Issues: 1. Pendency of cases before the Revenue Courts in Uttar Pradesh. 2. Reasons for the pendency. 3. Role of lawyers and Bar Councils in ensuring expeditious disposal of cases.

Ratio Decidendi: The Court relied on various Supreme Court judgments to hold that lawyers do not have the right to go on strike and that it is the duty of the Bar Councils to ensure that there is no unprofessional and unbecoming conduct by any lawyer.

Final Decision: The Court directed the State Government and other authorities to take steps to ameliorate and ease out the grave situation of pendency of cases before the Revenue Courts. The Court also directed the Bar Council of Uttar Pradesh to hold consultative dialogues with the members of the Bar and devise a Scheme, methodology for shunning the practice of strikes and proceeding ahead in deciding matters judicially for ameliorating the plight of the litigants.

JUDGMENT :

1. Heard learned counsel for the petitioner as well as Sri Hemant Kumar Pandey, learned Standing Counsel for the State-respondents.

1A. The petitioner has approached this Court praying for the following relief:-

    "(i) direct the Nayab Tehsildar, Jahangirganj, Tahsil-Alapur, District Ambedkar Nagar (opposite party no. 2) to decide the mutation Case No. T202004040402142 (Smt. Kamlesh Singh Vs. Smt. Anju Singh and others), under Section 34 U.P. Revenue Code, 2006 filed by the petitioner before the opposite party No. 2, which is pending before him within stipulated period."

2. This Court by means of order dated 19.05.2022 had passed the following order which reads as under :-

    "Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 2 has been accepted by the office of Chief Standing Counsel.

The record indicates that the instant petition has been preferred seeking expeditious disposal of mutation case pending before the respondent No.2.

The record further indicates that the petitioner had approached this Court earlier by means of Writ Petition No.17492 (M/S) of 2021 which was dismissed as not pressed vide order dated 12.08.2021, a copy of which has been brought on record as Annexure No.3.

It is further stated by the petitioner that in furtherance of the liberty granted to the petitioner, the petitioner has moved an application before the respondent No.1 for expeditious disposal, a copy of which has been brought on record as Annexure No.4.

It is submitted that despite the said application being moved in the month of October, 2021, no orders have been passed on the said application.

Learned standing counsel shall seek complete and detailed instructions from the respondent No.1 as to how many such applications under Para-494, Chapter-XV of the Revenue Code Manual (Amendment) Regulation, 2016 have been received by the Board of Revenue and how many applications have been disposed off and the time taken for disposing the said applications and as on the date, how many applications are pending seeking expedition under the aforesaid Regulation.

Let the complete instructions be made available in proper tabulation within ten days from today.

List this matter again on 30.05.2022, as fresh."

3. On 30th May, 2022, on the request of learned Standing Counsel, the matter was taken up on 31.05.2022 and the learned Standing Counsel in pursuance of the order dated 19.05.2022 has provided the details as sought by the Court in its order dated 19.05.2022. The same is taken on record.

4. The petitioner has approached this Court seeking expeditious disposal of her mutation case pending before the Nayab Tehsildar, Jahangirganj, Tehsil Alapur, District Ambedkar Nagar.

5. It had been specifically averred in the petition that the petitioner had approached this Court by filing W.P. No. 17492 (MS) of 2021 (Smt. Kamlesh Vs. State of U.P. and others) and upon preliminary objection raised by the State-respondents, the petitioner was relegated to avail the alternate remedy of approaching the Board of Revenue by filing an application for expedition in terms of para 494 of the U.P. Revenue Court Manual (Amendment) Regulations, 2016.

6. It is also submitted that despite having moved the said application before the Board of Revenue in the month of October, 2021, yet the said application has not been decided, as a result, neither the application for expedition has been disposed of and in any case, the mutation case of which expedition is sought still remains to be decided, though, under the Rules framed namely U.P. Revenue Code Rules, 2016, the contested mutation cases are to be decided within a period of three months.

7. It is in the aforesaid circumstances, that the Court had called upon the learned Standing Counsel regarding the details and from the perusal of the aforesaid details and statistics so provided by the learned Standing Counsel that between January, 2019 till May, 2022, a total number of 298 applications under Para 494 of the Reven

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