Inadequate Infrastructure For Revenue Courts In UP: Allahabad High Court Seeks Chief Secretary's Response

LIVELAW NEWS NETWORK

24 Nov 2020 7:58 AM GMT

  • Inadequate Infrastructure For Revenue Courts In UP: Allahabad High Court Seeks Chief Secretarys Response

    The Allahabad High Court on Tuesday asked the State Chief Secretary to file an affidavit indicating the steps taken by the UP Government to provide necessary infrastructure to Revenue Courts in the state. "We deem it appropriate to direct the Chief, Secretary of the State of Uttar Pradesh to respond to the contents of the petition and further to acquaint the court about the programmes...

    The Allahabad High Court on Tuesday asked the State Chief Secretary to file an affidavit indicating the steps taken by the UP Government to provide necessary infrastructure to Revenue Courts in the state.

    "We deem it appropriate to direct the Chief, Secretary of the State of Uttar Pradesh to respond to the contents of the petition and further to acquaint the court about the programmes and projects which are in hand of the State of Uttar Pradesh as which would provide necessary infrastructure to the Revenue courts and maintain their buildings," a Division bench comprising of Chief Justice Govind Mathur and Justice Siddartha Varma ordered.

    The Bench has also asked the Secretary to categorically apprise the it about the steps taken by Government to implement the directions issued by a coordinate Bench of the High Court in the year 2005 in Chandra Bhan & Anr. v. Deputy Director of Consolidation, Gorakhpur & Ors., for establishment of a separate permanent Revenue Judicial Service cadre for adjudicating cases arising out of UP Zamindari Abolition and Land Reforms Act, 1950, UP Consolidation of Holdings Act, 1953 and the UP Land Revenue Act.

    The direction was made in a PIL filed by a Mirzapur based lawyer, seeking requisite infrastructure for Revenue Courts in the shape of Court rooms and proper seating arrangement and other amenities likewise/ equal to Civil Court.

    He had informed the Division Bench that the buildings where Revenue Courts are presently situated are in dilapidated conditions and have not been maintained adequately.

    "In most of the court's building even Bar rooms are not available, though the parties in most of the cases are represented by their counsels," he had submitted.

    He also informed the Bench that most of the courts which are being presided by Additional District Magistrates, Sub Judicial Magistrates, Tehsildars and the other Adjudicating Officers under the UP Revenue Code, 2006, are not having necessary infrastructure to discharge judicial functions. Hence, he had sought a direction upon the Government to provide computer/ Laptop and books to the Consolidation Courts.

    In view of the aforesaid submissions, and on noting that the Government had failed to avail necessary instructions in the matter since 2019, the Court has now directed the State Chief Secretary to respond to the contents of the petition.

    The matter is now listed for hearing on December 7, 2020.

    It is significant to note that in January this year, the Allahabad High Court had issued a slew of directions by way of consecutive orders to enhance local Courts' infrastructure and deploy adequate security at its premises.

    Thereby, the Chief Secretary of UP had filed a report regarding construction and completion of boundary walls and acquisition of land for dedicated court premises.

    Case Title: Mrigank Shekhar Chaturvedi v. Chairman, Board of Revenue, State Of UP & Ors.

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