Back
IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH, J.
Avadhesh Kumar and Others - Petitioners
Versus
District Magistrate, Lko. and Others - Respondents
Matters Under Article 227 No. 2841 of 2022
Decided On : 09-09-2022
Access to Justice - Violation of Fundamental Right - Uttar Pradesh Revenue Code, 2006, Section 24 - Summary: The court addressed the violation of the petitioners' fundamental right to access justice under Article 227 of the Constitution of India. The petitioners sought direction to register their case under Section 24 of the Uttar Pradesh Revenue Code, 2006, which had been pending since 21.04.2022. The court found that the case was not registered for four months, and the demarcation proceedings were conducted without proper notice and adherence to relevant rules. The court emphasized the importance of access to justice as a facet of rights guaranteed under Articles 14 and 21 of the Constitution of India. It highlighted the failure of the State to provide access to justice and issued directions to ensure prompt registration of cases before Revenue Courts and to conduct an inquiry into the non-registration of the petitioners' case. The relief claimed by the petitioners was rendered otiose, and the petition was disposed of, with the matter listed for compliance of the court's directions.
Fact of the Case:
The petitioners sought direction to register their case under Section 24 of the Uttar Pradesh Revenue Code, 2006, which had been pending since 21.04.2022. They alleged harassment and non-registration of their case, leading them to approach the court for access to justice.
Finding of the Court:
The court found that the petitioners' fundamental right to access justice had been infringed due to the non-registration of their case for four months and the conduct of demarcation proceedings without proper adherence to rules. It emphasized the importance of access to justice as a facet of rights guaranteed under the Constitution of India.
Issues: Violation of fundamental right to access justice, non-registration of case under Section 24 of the Uttar Pradesh Revenue Code, 2006, and failure to conduct demarcation proceedings in accordance with relevant rules.
Ratio Decidendi: The court's decision was based on the violation of the petitioners' fundamental right to access justice, the non-registration of their case for four months, and the conduct of demarcation proceedings without proper adherence to rules. It emphasized the importance of access to justice as a facet of rights guaranteed under the Constitution of India.
Final Decision: The relief claimed by the petitioners was rendered otiose, and the petition was disposed of. The court issued directions to ensure prompt registration of cases before Revenue Courts and to conduct an inquiry into the non-registration of the petitioners' case, with the matter listed for compliance of the court's directions.
JUDGMENT :
1. As we are celebrating 75 Years of our Independence which has been celebrated with much fanfare across the country under the aegis of "75 Years of Azadi Ka Amrit Mahotsov", but at the same time, this Court is pained to take note of the instant petition whereby the petitioners have approached this Court alleging violation of their fundamental right to access justice.
2. Rule of law is meaningless unless there is access to justice for the common people. Access to justice is one of the constitutionally recognized human and fundamental right. Access to justice means to reach justice easily by legal proceedings in appropriate time. Delivery of justice should be impartial and non-discriminatory. State to take all necessary steps to provide fair, transparent, effective, and accountable service that promotes access to justice for all.
3. It is in the backdrop of Constitutional vision that the facts of the present case requires to be evaluated.
4. The petitioners have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India seeking a direction to the Sub-Divisional Magistrate (Judicial), Mohanlalganj, District Lucknow to register their case instituted by them under Section 24 of the Uttar Pradesh Revenue Code, 2006 (for short, "the Code of 2006") pending since 21.04.2022.
5. It is the case of the petitioners that they are tenure-holder of land 391 with an area measuring 1.3338 hectares situate in Village Dehramau, Pargana and Tehsil Mohanlalganj, District Lucknow. The petitioners have further stated that in order to get their boundaries properly demarcated, they moved an application in terms of Section 24 of the Code of 2006 and had also deposited the requisite fee of Rs.1,000/- on 29.04.2022. It is also alleged in the petition that though after submitting the said application, it was forwarded to the Tehsildar, Mohanlalganj, who further is stated to have forwarded the application to the Revenue Inspector and Lekhpal, but till date, no proceedings have commenced.
6. It has also been pointed out that demarcation proceedings are summary in nature and more than four months have lapsed and the case of the petitioners has yet not been registered.
7. It has specifically been stated in Paragraphs 9 and 10 of the petition that the Revenue Inspector and the Lekhpal are harassing the petitioners and the application for demarcation is pending since 21.04.2022, but till date, no action has been taken. It is also stated that the petitioners moved another application to the District Magistrate, Lucknow on 23.07.2022 by post as the first application of the petitioners was not evoking any response.
8. It is further stated that the petitioners made a complaint on the public portal but still no action was taken and being disillusioned with the system, the petitioners knocked the doors of this Court bringing it to the notice regarding the injustice being suffered and the basic rights of the petitioners to have access to justice has been deprived.
9. The petitioners have prayed for the following reliefs, which read as under:-
"i. Direct opposite party No.2 i.e. Up-Ziladhikari, Mohanlalganj, District Lucknow to decide the Case under Section 24 of U.P. Revenue Code, 2006 pending before him since 21.04.2022; Avadhesh Kumar and others vs. State of U.P. and others, expeditiously preferably within stipulated period fixed by this Hon'ble Court.
ii. Issue any other order or direction in the nature and manner which this Hon'ble Court deems fit and proper in the circumstances of the case.
iii. Award the cost of the petition in favour of the petitioners."
10. This Court on 08.08.2022 had required the petitioners to indicate the case number of the proceedings which was filed by them.
11. In compliance of the said order, the petitioners had filed a supplementary affidavit dated 10.08.2022, wherein in Paragraphs 3 to 5, it was stated that the respondents have not even registered the case of the petitioners. In order to substantia
AI
Access to justice is a fundamental right guaranteed under the Constitution of India, and the State has an obligation to ensure prompt registration of cases and fair adjudication in accordance with th....
State authorities must adhere to statutory timelines for adjudication to prevent denial of justice and ensure prompt legal redress.
The failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
The principles of natural justice, including the right to a fair hearing, must be observed in administrative proceedings under the U.P. Revenue Code, 2006, particularly regarding orders affecting pro....
The court held that failure to provide notice and opportunity for hearing in demarcation proceedings violated natural justice, rendering the ex parte orders illegal and subject to procedural recall.
Judicial officers must uphold promptitude and integrity, as failure to register cases and comply with court orders constitutes dereliction of duty.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
