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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ARUN KUMAR SINGH DESHWAL
Parshuram – Appellant
Versus
Sub Divisional Magistrate, Utraula, Balrampur – Respondent
| Table of Content |
|---|
| 1. prayer for expeditious case resolution (Para 1 , 2) |
| 2. delay in proceedings under u.p. revenue code (Para 3 , 4) |
| 3. duty of presiding officers for timely decisions (Para 5 , 6) |
| 4. contempt liability for delay caused by bar association (Para 7 , 8) |
| 5. order to conclude case within stipulated time (Para 9 , 10) |
| 6. directive for compliance and communication of order (Para 11 , 12 , 13) |
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Heard Shri Vimal Kishor Singh, learned counsel for the petitioners and Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State-respondent.
2. The present writ petition has been filed with the following prayer:-
"(i) to direct the opposite party no.1 to decide Case No. 7405/2022, Computerized Case No. T202208100307405 under Section 116 of the U.P. Revenue Code, 2006, 'Parshuram and others Vs. Ramdeen and others', pending before him since 11.11.2022, expeditiously within time stipulated by this Hon'ble Court."
3. Learned counsel for the petitioners has submitted that the suit under Section 116 of the U.P. Revenue Code, 2006 is pending since 2022 and till date the same has not been decided by the concerned Sub Divisional Magistrate. Though, as
The timely resolution of cases under the U.P. Revenue Code is mandatory, and failure to comply can lead to contempt charges against both revenue officers and Bar Association members.
Mutation in cases of succession or transfer - On receipt of a report under section 33 or section 34, or upon facts otherwise coming to his knowledge, Tahsildar shall issue a proclamation and make suc....
The court emphasized that delays in filing appeals should be condoned to ensure substantial justice, overriding technical limitations.
The court emphasized the necessity for timely resolution of mutation cases under the Uttar Pradesh Revenue Code, directing the Tehsildar to expedite proceedings.
The U.P. Revenue Code's provisions regarding appeals are self-contained and govern the necessity of filing documents, overriding general procedural requirements of the Code of Civil Procedure.
The court established that restoration proceedings under the U.P. Land Revenue Act, 1901 are valid despite the enactment of the U.P. Revenue Code, 2006, emphasizing jurisdictional competence and subs....
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