Allahabad High Court
Bar Association Tahsil Loni vs State Of U.P. And 4 Others on 18 October, 2019
Bench: Pradeep Kumar Singh Baghel, Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1544 of 2019 Petitioner :- Bar Association Tahsil Loni Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Pradeep Kumar Singh Baghel,J.
Hon'ble Piyush Agrawal,J.
The petitioner is the Bar Association, Tehsil - Loni, District - Ghaziabad. This Public Interest Litigation has been instituted for a direction upon the State Government to ensure appointment of 2nd Sub Registrar in Tehsil - Loni, District - Ghaziabad.
The grievance raised in this Public Interest Litigation is that in absence of any infrastructure and posting of Sub Registrar, the people at large is made to suffer, as a large number of documents could not be executed. In this regard, for the same grievance, earlier a Public Interest Litigation was filed by one Shri Ravindra Kumar Bansal, being Public Interest Litigation (PIL) No. 4919 of 2018. In the said PIL, following order was passed on 05.12.2018:-
"By an order dated 29th January, 2014 a new tehsil in the name of Tehsil Loni was constituted by the Government of Uttar Pradesh by bifurcating Tehsil Sadar District Ghaziabad. On 21st February, 2014 a demand was made to sanction two posts of Sub Registrar in Tehsil Loni looking to the need of the area. Despite sanctioning the posts of Sub Registrar, no posting thereon is yet made by the respondent-State of Uttar Pradesh and the reason given is non-availability of required infrastructure.
The work of Sub Registrar is of day-to-day need and non-availability of that certainly affects all transactions of the area concerned adversely. We are of the considered opinion that the State Government must provide all necessary infrastructure to have the Sub Registrars in the tehsil concerned at the earliest and to post some competent officers as Sub Registrars expeditiously.
Learned Standing Counsel wants some time to avail certain instructions in the matter.
Time prayed for is allowed.
Let this petition be listed on 11th January, 2019.
We expect that in the period intervening the State Government shall take some positive action for appointment of Sub Registrar in the tehsil concerned."
It is stated that pursuant to the said order, one Sub Registrar has been posted, but the seond post is still vacant. Hence, the grievance of the Bar Association and the people is yet to be addressed completely.
Our attention has been drawn to a communication sent by the District Magistrate, Ghaziabad to the Principal Secretary (Stamp & Registration) dated 29.01.2018; wherein, the District Magistrate has also drawn attention of the State Government to the aforesaid difficulty faced by the people.
In view of the above, we are of the view that ends of justice would be subserved by granting liberty to the petitioner to move a fresh representation before the State Government, annexing the order of the Division Bench of this Court dated 05.12.2018 and the communication sent by the District Magistrate, Ghaziabad dated 29.01.2018.
The said representation be submitted to the respondent no. 1 within three weeks. In the event such representation is made before the 1st respondent, we direct the State Government to take the appropriate decision within four months from the date of filing of the representation and the certified copy of this order.
With the aforesaid observation, this Public Interest Litigation stands disposed of.
Order Date :- 18.10.2019 Amit Mishra