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Allahabad High Court · body

2015 DIGILAW 3811 (ALL)

Yashpal Singh v. State of U. P.

2015-12-04

D.Y.CHANDRACHUD, YASHWANT VARMA

body2015
JUDGMENT There are as many as 6,03,916 revenue cases pending before the revenue courts in the State. These facts have been disclosed in an affidavit filed by the Chairman of the Board of Revenue. The affidavit also states that several initiatives have been taken for the expeditious disposal of cases before the revenue courts and until 31 October 2015, on an average, 1,27,766 cases were disposed of each month. Various other steps have been taken including providing a computerized court management system to enable Advocates and litigants to obtain knowledge about the status of fresh and pending cases, the listing of cases and passing of orders. A proposal has been submitted to the State Government by the Board of Revenue for the creation of posts of Tehsildar (Judicial), Sub Divisional Officer (Judicial), Additional District Magistrate (Judicial) and Additional Commissioner (Judicial) for speedy disposal of cases. These appointments, it has been stated, would be made only for judicial work which would ensure that the officers vested with powers under the Land Revenue Act, 1901 discharge only judicial work, drawn from this cadre. 2. We are of the view that it would be appropriate if the State Government takes an expeditious decision in regard to the proposal which has been submitted by the Board of Revenue. The affidavit filed by the Board of Revenue indicates that there has been a marked increase in revenue cases being filed in the State due to the rapid growth of population, partition in joint families, transfers of land through sale and by other means and increase in economic activities. 3. Having regard to this background, in our view, it would be necessary for the State Government to act in the matter to ensure that a cadre of officers, exclusively to the resolution of revenue cases, is created along the lines as suggested by the Board of Revenue. Moreover, due and appropriate attention should be bestowed on the need to ensure that persons so appointed have sufficient knowledge of law so as to facilitate the disposal of revenue cases. Since this proposal is pending consideration before the State Government, we direct that a decision in that regard be taken within a period of two months from today. 4. Moreover, due and appropriate attention should be bestowed on the need to ensure that persons so appointed have sufficient knowledge of law so as to facilitate the disposal of revenue cases. Since this proposal is pending consideration before the State Government, we direct that a decision in that regard be taken within a period of two months from today. 4. The President of the District Revenue Bar Association, Bijnor has filed an affidavit stating that on 19 October 2015, the association passed a resolution by which it has been stated that strikes by the Bar would be prohibited and on 21 November 2015, a decision was taken to act in letter and spirit in accordance with the decisions of the Supreme Court in that regard. The affidavit also highlights the problems which are being faced by litigants and members of the Bar appearing before the revenue courts including (i) alleged corruption of revenue authorities; (ii) lack of proper infrastructure; (iii) absence of proper timing of the sittings of the revenue courts; (iv) absence of legal knowledge on the part of the personnel managing the Courts; and (v) the inability of Presiding Officers to perform judicial work since most of the time is spent in administrative duties. 5. The grievances which have been indicated in the above terms should, at this stage, warrant a serious enquiry by the Board of Revenue. We are of the view that it would be necessary for the Chairman of the Board of Revenue to look into the matter and to take appropriate administrative action to obviate the grievances of the members of the Bar. 6. We stand over the hearing of these proceedings to 26 February 2016 by which date the Court shall be apprised of the decision which has been taken by the State Government and the further action taken by the Board of Revenue. Both the issues shall be dealt with by filing supplementary affidavits in these proceedings. 7. List the matter under the same caption on 26 February 2016. 8. We exempt the personal appearance of the President of the District Revenue Bar Association, Bijnor.