Chandra Bali vs Additional Commissioner, Varanasi Division, Varanasi and others

Pankaj Mithal, J.—Heard learned counsel for the petitioner. Petitioner has invoked the writ jurisdiction of this Court for seeking a direction upon respondent No. 1 Additional Commissioner, Varanasi Division, Varanasi to decide Appeal No. 35 of 2004, Chandra Bali and others v. Raja Ram and others filed u/s 331 of the U. P. Z. A. and L. R. Act within a stipulated period of time with further prayer that respondents No. 2 to 4 be, restrained from interfering in his peaceful possession over gata No. 35 situate at Mauja-Pura Gambhir Tehsil-Badlapur, district Jaunpur till the decision of the appeal

Respondents No. 2 to 5 instituted Suit No. 184/224 u/s 229B of the Act. It was decreed on 26.5.2004. The said judgment, order and decree has been challenged by the petitioner in the above-referred appeal before the Additional Commissioner, Varanasi Division, Varanasi. The appeal was filed on 13.7.2004.

The submission of the learned counsel for the petitioner is that the appeal is pending for the last 8 years and is not being decided.

The Court has experienced that every day about 5 to 10 writ petitions are coming on the land revenue side and under the U. P. Z. A. and L. R. Act with similar prayer to get the case/suit, appeal or revision or applications pending therein be decided within a time bound period. It has also been noticed that in almost all such cases apart from delay being caused by the contesting private parties, the delay in disposal appears to be on account of the fact that either the officer is not posted or available or is busy in some administrative work; and for the reason that adjournment prayed for has been granted casually.

It is settled that speedy justice is part of a Fundamental Right under Article 21 of the Constitution of India. Therefore, all litigation must come to an end at the earliest.

The Apex Court in Hussainara Khatoon and Others Vs. Home Secretary, State of Bihar, Patna, , held that any procedure which does not ensure a reasonable quick trial cannot be regarded as fair and Just and it would fall foul of Article 21 of the Constitution of India. Therefore, speedy trial which mean reasonable expeditious trial is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution of India.

A three Judges Bench of the Supreme Court in Bal Krishna Vidur v. State of U. P. held that delay in framing of charges is negation of principles of speedy trial and Courts should not be casual in dealing with such cases and keep them pending for long periods.

A Division Bench of this Court in Manoj Kumar and Others Vs. Civil Judge (Junior Division) and Others, , and others while dealing with the delay in disposal of execution was shocked to note that the execution was being adjourned for the last 7 years and thus expressing displeasure directed for its disposal within two months from the date of presentation of the order before the Court concerned. The Court observed that the judiciary exists for the people and not for lawyers and Judges.

In Mangat Ram Tanwar and another v. Union of India, AIR 1991 SC 1080, the Supreme Court while dealing with a similar kind of problem relating to delay in disposal of the land acquisition cases directed the State Government to decide all land references u/s 18 within a time bound period of three months with the outer limit of six months.

In Suresh Pal v. Civil Judge, Hapur, 2011 (112) RD 291 : 2011 (8) ADJ 874, I have myself held that the delay in executing the decree amounts to denying the decree holder the benefit of it which is antithes is to the concept of Justice.

It may be noted that non-disposal of the cases within a time bound period is unnecessarily burdening this Court with writ petitions seeking directions as above. Such writ petitions, can be avoided and much time of this Court can be saved, if the revenue courts adhere to a particular time schedule for disposal of all cases.

In view of the above, I am of the opinion that not only land acquisition cases or other cases for which time period for disposal has been prescribed, all cases including revenue cases and cases arising under the U. P. Z. A. and L. R. Act should also be decided within a time specified.

Time management for disposal of cases is necessary to tackle the problem of arrears and pendency.

Accordingly. I issue a general mandamus that at least in revenue cases and cases arising under the U. P. Z. A. and L. R. Act. the Courts/authorities must follow a set time table for disposal of cases as provided herein below :

(1) All suits/original proceedings under U. P. Z. A. and L. R. Act be decided within a period of one year from their institution with the outer limit of one year six months;

(2) All appeals arising there to be decided within a period of four months and within the maximum period of six months from the filing :

(3) All revisions be decided within three months and within the maximum period of four months from the filing; and

(4) All miscellaneous applications, if pressed, which do not require disposal along with cases/suit, appeal or revision be decided within six weeks of their filing with the outer limit of three months.

In view of the aforesaid facts and circumstances of the case, I dispose of this writ petition with the direction upon respondent No. 1 to decide the above appeal in accordance with law as expeditiously as possible as per the time schedule laid down above.

Let a copy of this judgment and order be sent by the Registry of this Court to the Chief Secretary, Revenue State of U. P., and the Chairman, Board of Revenue at Lucknow and Allahabad for circulation to all revenue courts and authorities for necessary compliance.