Allahabad High Court: In a petition filed under Article 227 of the Constitution for issuance of direction against Tehsildar (Judicial), Kunda, Pratapgarh to decide and conclude the Mutation Proceedings Case under Section 34 of U.P. Land Revenue Code, 2006 pending in the Court of Tehsildar (Judicial), Saurabh Lavania, J. has directed the Tehsildar (Judicial) to conclude the proceedings within a period of three months and avoid unnecessary adjournments. Further, it also directed the Board of Revenue, Uttar Pradesh to apprise the Revenue Courts, the manner in which the order sheet should be drawn.
The Court noted that on several dates, orders were not scribed, as required under the law and for stereotyped order(s) on order sheet fixing next date, the rubber stamp seal was used. It also transpires from the record that initially mutation case was filed in the year 2012 and thereafter, the same was dismissed for want of prosecution on 24-01-2018 and for the purpose of restoration of the case, the application for restoration was filed on 10-02-2018, however, neither the said application nor the case in issue has been decided till date.
After taking note of Hanuman Prasad v. State of U.P., 2006 SCC OnLine All 2021, the Court reiterated that a rubber stamp seal cannot be used for passing the orders and Revenue Courts are not supposed to pass the order by using the rubber stamp seal.
Having considered the aforesaid facts and circumstances of the case, the Court while disposing of the petition directed the Tehsildar (Judicial) to conclude the proceedings within a period of three months and avoid unnecessary adjournments.
Further, it directed the Board of Revenue, Uttar Pradesh to apprise the Revenue Courts, the manner in which the order sheet should be drawn. The Court also directed the Senior Registrar of this Court to communicate this order to the Chairman, Board of Revenue, Uttar Pradesh for compliance.
[Sumitra Devi v State of U.P, 2023 SCC OnLine All 2455, Order dated 8-11-2023]
Advocates who appeared in this case :
Counsel for Petitioner: Advocate Ravindra Kumar Pandey
Counsel for Respondent: Chief Standing Counsel