Allowed

Surya Bali and 6 Others v. State of U.P. and 10 Others

Allahabad HC9 Sept 2019WRIC/28551/2019

Case brief

AI extract

What is this about?

This writ petition sought a mandate for the Sub-Divisional Magistrate, Phoolpur, to decide a pending boundary settlement case under Section 24 of the U.P. Revenue Act, 2006, which had been adjourned casually for over two years. The High Court directed the authority to dispose of the case within eight weeks.

What did the court decide?

Order directed the Sub-Divisional Magistrate, Phoolpur, to decide Case No.05405/2019 within eight weeks of receipt of a certified copy of this order.

Surya Bali and 6 Others Vs State of U.P. and 10 Others — Land Acquisition | Allahabad HC (2019)

¶1

Court No. - 18

¶2

Case :- WRIT - C No. - 28551 of 2019

¶3

Petitioner :- Surya Bali And 6 Others Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Dileep Singh Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh

¶4

Hon'ble J.J. Munir,J.

¶5

This writ petition has been filed for the following the material relief and no other:

¶6

"(a) to issue a writ, order or direction in the nature of mandamus directing the respondent no.2/Sub Divisional Magistrate, Phoolpur, District Prayagraj to decide the Case No.05405/2019, (Surya Bali and others Versus Om Prakash and Others) u/s 24 U.P. Revenue Act 2006, pending before him, within stipulated period which Hon'ble Court may deem fit and proper."

¶7

When the case is called on, no one appears for the petitioners, as the members of the Bar have abstained from judicial work. Sri Aditya Kesari, learned Standing Counsel is present on behalf of respondent Nos. 1 and 2. The Court has gone through the records with the assistance of the learned Standing Counsel. It appears that an application seeking settlement of boundaries has been filed by the petitioners before the Sub-Divisional Magistrate, Phoolpur, District Prayagraj on 19.01.2017 with a prayer that the boundaries of the petitioner's Plot bearing No.7 admeasuring 0.0571 hectares, situate at Village Sarai Lahuri, Pargana Sikandara, Tehsil Phoolpur, District Prayagraj be settled and the requisite stone pillars affixed in accordance with the determined boundaries.

¶8

A perusal of the order-sheet of the case before the SubDivisional Magistrate, which has been registered as Case

¶9

No.05405 of 2019, computerized Case No.T201902030205405, shows that notice to the parties was issued on 08.08.2018. It appears that earlier also proceedings would have been taken, but that order-sheet is not on record. The part of the order-sheet, that is on record shows that the case has been casually adjourned between 08.08.2018 and 24.07.2019. As many as twenty dates have fixed eventlessly, without any substantial steps being taken or orders passed. The proceedings for settlement of boundaries are not only to be summarily decided, but are sensitive matters that can lead to breach of peace and even violent crimes. These matters are requires to be disposed of on a time bound basis.

¶10

Section 24(3) of U.P. Revenue Code, provides as under:

¶11

" (3) Every proceeding, under this section shall, as far as possible, be concluded by the Sub-Divisional Officer within [three months] from the date of the application."

¶12

Now, this application has been pending apparently for more than two and a half years. It is required to be decided expeditiously on merits. This Court makes it clear that no opinion has been expressed by the Court on the merits of the matter and the Sub-Divisional Magistrate, Phoolpur, District Prayagraj is free to decide the application on merits after hearing the parties concerned in accordance with law. However, he is not free to adjourn proceedings indefinitely and by way of casual orders.

¶13

Looking to the nature of the order proposed to be passed, no notice is being issued to private respondent Nos.5 to 11, as no orders determinative of rights of parties is being

¶14

made here. However, in case any of the private respondent Nos. 5 to 11 are aggrieved by this order, it shall be open to them to make an application in this decided petition.

¶15

Considering the entire facts and circumstances of the case, the Sub-Divisional Magistrate, Phoolpur, District Prayagraj is ordered to decide Case No.05405/2019, (Surya Bali and others Versus Om Prakash and Others) u/s 24 U.P. Revenue Act 2006, within a period of eight weeks of receipt of a certified copy of this order.

¶16

This writ petition is allowed in terms of the aforesaid orders.

¶17

There shall be no orders as to costs.

¶18

Order Date :- 9.9.2019 NSC

Surya Bali and 6 Others v. State of U.P. and 10 Others

Case brief

What is this about?

What did the court decide?

Surya Bali and 6 Others v. State of U.P. and 10 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Madan Mohan Vs Board of Revenue U.P. and 6 Others

Ram Pratap Singh Alias Bhagwat Singh Vs Board of Revenue U.P. and 9 Others

Ram Nihore and Others Vs Ajayab Lal

Alok Vs Naib Tehsildar and Another

Om Prakash Singh Vs State of U.P. and 6 Others

Reena Rai Vs Tehsildar Khajani and 4 Others