Court No. - 18

Case :- WRIT - C No. - 23931 of 2021

Petitioner :- Damyanti

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Sanjay Pathak,Manisha Singh

Counsel for Respondent :- C.S.C.

Hon'ble Ajay Bhanot,J.

Heard Sri Sanjay Pathak, learned counsel for the petitioner

and the learned Standing Counsel for the State

respondents.

The writ petition arises out of proceedings taken out under

Section 34 of the U.P. Land Revenue Act, 1901 by the

petitioner which came to be registered as R.S.T./02438 of

2018, Computer Case No.T201805200102438 (Damyanti

Vs Ramswaroop) before the learned court below.

Sri Sanjay Pathak, learned counsel for the petitioner

submits that the sole defendant in the proceedings before

the court below has been duly served notice and has also

entered appearance before the court below. The objection

filed by the sole defendant/respondent no. 3 is also in the

record of this writ petition.

Attention is called to the orders dated 25.11.2014 and

24.12.2014 in 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 submits that the authorities are

under statutory obligation to decide the proceedings in the

manner and time frame prescribed by law.

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.

In the wake of the preceding discussion interest of justice

will be served by remitting the matter to respondent No.2/

Nayab Tehsildar, Tehsil- Deoria, District- Deoria.

A writ in the nature of mandamus is issued commanding

the respondent No.2/ Nayab Tehsildar, Tehsil- Deoria,

District- Deoria, to execute the following directions:

(I) The respondent No.2/ Nayab Tehsildar, Tehsil- Deoria,

District- Deoria, shall notice all parties/defendants to the

lis and shall record a finding in regard to sufficiency of

service of notice upon the said defendants before

proceeding with the matter.

(II) The respondent No.2/ Nayab Tehsildar, Tehsil- Deoria,

District- Deoria, shall decide the R.S.T./02438 of 2018,

Computer Case No.T201805200102438 (Damyanti Vs

Ramswaroop), 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 respondent No.2/ Nayab Tehsildar,

Tehsil- Deoria, District- Deoria.

(V) In case any party does not cooperate in the

proceedings before the respondent No.2/ Nayab Tehsildar,

Tehsil- Deoria, District- Deoria or adopts dilatory tactics,

the respondent No.2/ Nayab Tehsildar, Tehsil- Deoria,

District- Deoria, shall record a finding to this effect and

proceed in accordance with law.

(VI) The respondent No.2/ Nayab Tehsildar, Tehsil-

Deoria, District- Deoria shall give short dates in the suit

proceedings.

(VII) The respondent No.2/ Nayab Tehsildar, Tehsil-

Deoria, District- Deoria, shall not grant any