JASIBEN HARIBHAI PATEL v. NARANBHAI KIKABHAI NAGAR GARASIA
2004-06-23
M.R.SHAH
body2004
DigiLaw.ai
M. R. SHAH, J. ( 1 ) LEAVE to add Secretary, Legal Department and Secretary, Revenue Department, State of Gujarat as party respondents. ( 2 ) WHAT is challenged in the present Special Civil Application si the order dated 16th April 2004 passed by the Gujarat Revenue Tribunal in Revision Application No. TEN. BS. 124/1995 in setting aside the order passed by the Deputy Collector, Valsad dated 20th April 1995 in Tenancy Appeal No. 110 of 1993 after a period of 9 years of filing the Revision Application. In the present Special Civil Application, the petitioner has also prayed for other reliefs, however, mainly the petitioner has challenged the aforesaid interim order which has been passed after a period of 9 years. ( 3 ) THIS Court [coram: A. R. Dave, J. ], while issuing the notice in the present Special Civil Application, passed the following order dated 23rd April, 2004;"notice to the respondents returnable on 16th June 2004. On that day, the Registrar, Gujarat Revenue Tribunal shall state as to how the revision application, which had been filed in 1995 was taken up for hearing, possibly for the first time in April, 2004. He shall depute a responsible Officer with the record pertaining to the said revision application. In the meantime, it would be open to the petitioner to submit an application to the Gujarat Revenue Tribunal for early hearing of the revision application No. BS 124/95 and for getting the ex-parte ad-interim relief granted on 16th April, 2004 vacated. I am sure that if such an application si filed, the Tribunal shall do the needful for hearing the said revision application on the question of interim relief. Direct service today is permitted. "the aforesaid Special Civil Application came up for hearing before this Court on 16th June 2004. The Registrar of the Gujarat Revenue Tribunal was present. The learned Assistant Government Pleader, on instructions from the Registrar, Gujarat Revenue TRibunal, had submitted that because of lapse on the part of one officer against whom departmental proceedings are already initiated the main Revision Application No. 124 of 1995 could not be processed and no order came to be passed by the Tribunal in the said Revision Application till April 2004 and on the application submitted by the respondents, the interim relief was granted.
He has also further submitted that pursuant to the order passed by this Court dated 23rd April 2004, the petitioner had moved an application for vacating the ad-interim relief. However, with the consent of the parties, the main Revision Application No. 124 of 1995 is taken up for Final Hearing by the Tribunal and for some reason the judgment is not delivered and the same is awaited. Therefore, the matter was adjourned to 23rd June 2004 to enable the learned A. G. P. to inform the Court with regard to final outcome of Revision Application No. 124 of 1995. Today, when the matter is called out, it is submitted on behalf of the respondents that main Revision Application No. 124 of 1995 itself is disposed of by remanding the matter to the authority below. ( 4 ) CONSIDERING the facts and circumstances of the case and considering the fact that even the Revision Application was not processed at the initial stage itself for more than 9 years, and considering the sorry state of affairs and the way in which the proceedings are conducted before the Gujarat Revenue Tribunal, this Court directed the Registrar to produce on record details of pendency of cases before the Gujarat Revenue TRibunal. A statement showing the particulars with regard to pending cases before the Gujarat Revenue Tribunal as on today is produced. This Court is at pains to note the manner in which the proceedings are pending before the Gujarat Revenue Tribunal. As on today, 6609 cases are pending before the Gujarat Revenue Tribunal, out of which 2603 cases are prior to 1995. The Registrar has also given the reasons for pendency of cases. She has submitted that as such there are six courts sanctioned for the Gujarat Revenue Tribunal and only two to three courts are functioning. Even some times, only one Court is functioning. The cases are not conducted and/or not disposed of because of the strikes by the Advocates Association or communal riots, earthquake etc. However, the main reason is attributed to non-filling of posts of Members in the Gujarat Revenue Tribunal. ( 5 ) "speedy trial" has been declared by the Honble Supreme Court of India as a fundamental right under Article 21 of the Constitution of India.
However, the main reason is attributed to non-filling of posts of Members in the Gujarat Revenue Tribunal. ( 5 ) "speedy trial" has been declared by the Honble Supreme Court of India as a fundamental right under Article 21 of the Constitution of India. Looking to the pendency of cases in the Gujarat Revenue Tribunal it seems that there is lack of good governance leading to mounting of arrears and circumstances out of control. The number of pending cases, instead of coming to end, is increasing in volumes and there seems to be no end to the whopping rise of pending cases. justice delayed is justice denied. Trial Court has got to do justice. Not only that, but justice should appear to have been done. Even after a period of 10 to 15 years from the date of filing of the cases before the Revenue authorities and even before the Gujarat Revenue Tribunal when matters are taken up for Final Hearing in their turn at times the situation so warrants that some cases are required to be remanded to the original-authority for deciding the matter afresh on merits. So, again the same gamut. As stated hereinabove as per the statement made by the Registrar, Gujarat Revenue Tribunal, out of 6609 pending cases as on today, 2603 cases are of prior to 1995 and the main cause for delay and non-disposal of cases is non-filling of the vacant posts of Members in the Gujarat Revenue Tribunal. It is also pointed out that many a times the Judicial Member is not appointed at all. Out of six Courts, normally two Courts are functioning and some times only one Court in the Gujarat Revenue Tribunal is functioning. Under the circumstances, the State authorities, namely, Secretary, Legal Department and Secretary, Revenue Department are directed to look into the matter and take appropriate steps to fill-up the posts of Members in Gujarat Revenue Tribunal inclusive of Judicial Member, as early as possible. It is hoped, that looking to the pendency of the cases in the Gujarat Revenue Tribunal, wiser counsel may prevail and appointments are made at the earliest. ( 6 ) WITH this hope, the present Special Civil Application is disposed of accordingly.
It is hoped, that looking to the pendency of the cases in the Gujarat Revenue Tribunal, wiser counsel may prevail and appointments are made at the earliest. ( 6 ) WITH this hope, the present Special Civil Application is disposed of accordingly. The main prayer, which is made in the present Special Civil Application and the interim order which was challenged in the present Special Civil Application are merged in the final order as the Revision Application before the Gujarat Revenue Tribunal is disposed of remanding the matter to the first authority. The Office is directed to send a copy of this order to the Secretary, Legal Department, as well as Secretary, Revenue Department, State of Gujarat, Gandhinagar for compliance in terms of directions issued in the present Special Civil Application immediately. .