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IN THE HIGH COURT OF ALLAHABAD
JASPREET SINGH
Devesh Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy., Deptt. Of Revenue, Lko. – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. Heard the learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri P. V. Chaudhary, learned counsel appearing for the respondent no.4.
2. By means of the instant petition, the petitioner prays for the following reliefs:-
(i) Issue an order or direction, thereby commanding the opposite parties particularly opposite party no.3 to register the case, under Section 25 & 26 of the U.P. Revenue Code, 2006 on application dated 05.09.2024, in compliance of the judgment/order dated 23.08.2024 passed by this Hon'ble Court in matters under Articel (A227) No.3906/2024, "Devesh Singh and another Vs. State of U.P. and others", in the interest of justice. True phocopy of the application dated 05.09.2024 moved by the petitioners to the opposite party no.3 is being annexed herewith as Annexure No.2 to this petition.
(ii) Issue an order or direction, thereby commanding the opposite parties, particularly opposite party no.3 to register the case under section 25 & 26 of the U.P. Revenue Code, 2006 and decide the same in accordance with law, with in stipulated period in terms of the judgment/order dated 23.08.2024 passed by this Hon'ble
Judicial officers must uphold promptitude and integrity, as failure to register cases and comply with court orders constitutes dereliction of duty.
State authorities must adhere to statutory timelines for adjudication to prevent denial of justice and ensure prompt legal redress.
The limitation of four months under Section 23 of the Registration Act should not prevent the registration of court decrees, as they are eternal unless varied, modified, or set aside by a higher judi....
Judicial proceedings must follow prescribed procedures; failure to document and hear parties leads to invalid orders, undermining public trust in the justice system.
Imposition of registration penalty is unjustified if delay is not attributable to the executant, as established in the Indian Registration Act and supported by case law.
Summary proceedings under the U.P. Revenue Code cannot adjudicate title disputes; petitioners may seek declaration of rights through a regular suit.
The court ruled that registration authorities must comply with court orders and cannot refuse registration based on previously set aside grounds.
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
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