Allahabad High Court
Ateeq Fatima vs Tehsildar Tehsil-Tiloi,Amethi And ... on 5 February, 2020
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. SINGLE No. - 36577 of 2019 Petitioner :- Ateeq Fatima Respondent :- Tehsildar Tehsil-Tiloi,Amethi And Anr. Counsel for Petitioner :- V.K. Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
Tehsildar, Tiloi, District Amethi, is present in person. She has filed a report in sealed cover as directed by this Court in its order dated 20.12.2019.
From the report as available, it is evident that with effect from January, 2019 to January, 2020, there were 263 working days in Tehsil Tiloi in which on 160 days, the lawyers of Tehsil Bar Association, Tiloi, had abstained from work. On one day, the Revenue officials had abstained from work and on 29 days judicial work could not be performed because of pre-occupation in election and related Administrative work, only on 73 working days judicial work was performed. The Tehsil Bar Association, Amethi, has elected new office bearers on 24.10.2019 and its President is Shri Vijay Shanker Shukla and General Secretary Shri Ram Bahadur.
With regard to the grievance raised by the petitioner-Ateeq Fatima, it has been informed that there were two mutation applications relating to Village Mirzagarh and Village Bahua, in Pargana Inhauna, Tehsil Tiloi where the mutations cases were instituted and clubbed together and sent to the court of Tehsildar. The necessary publication of notice was done and the first date fixed was 20.05.2019. On 20.05.2019, one Misbahul Hussain son of Jabbar Hussain had taken time to file objections. Till date no objections have been filed in any of the two cases. Even the petitioner Ateeq Fatima has not filed any evidence in either of the two cases. Nine dates had been fixed in the matter out of which on eight dates lawyers have abstained from work. The next date fixed in the matter is 27.02.2020. There is an undertaking given that if both the parties concerned appear before the court of Tehsildar every effort shall be made to decide the mutation application, at the earliest.
This petition contains a limited grievance that two Mutation Case No.T201904710801706 relating to Village Mirzagarh and Mutation Case No.T201904710801707 relating to Village Bahua are not being decided despite their filing in the court of Tehsildar since May, 2019.
This petition is disposed of with a direction to the parties concerned to appear before the Tehsildar Tiloi, in person and argue their matters on the basis of written arguments, if any, submitted by the lawyers, in case the lawyers continued to abstain from work.
Let the matter be decided within a period of three months from today.
This report that has been presented in sealed cover is taken on record. Notices issued to Shri Vijay Shanker Shukla, President, and Shri Ram Bahadur, General Secretary, Tehsil Bar Association, Tiloi, Amethi, to appear before this Court on 12.02.2020 to show cause as to why there may not be tagged alongwith Writ Petition No.36208 (M/S) of 2019 (Poonam Singh Vs. State of U.P. and Others) and be placed before the Division Bench considering PIL relating to working of Revenue Courts in the State of U.P. A copy of the petition and the order passed today shall be sent to Sarvashri Vijay Shanker Shukla and Ram Bahadur alongwith notice by the Senior Registrar of this Court to be served upon them through Collector, Amethi before the next date fixed.
Order Date :- 5.2.2020 PAL