The Allahabad High Court on Tuesday asked the State Chief Secretary to submit an affidavit explaining the steps taken by the State Government to provide the basic infrastructure to Revenue Courts in UP.
“We find a necessity to direct the Chief Secretary of Uttar Pradesh to submit a response regarding the petition and tell the court about the plans and projects which the State Government of Uttar Pradesh will take in order to provide the necessary infrastructure to the Revenue courts and for the proper maintenance of the buildings.” Observed the division bench of Chief Justice Govind Mathur and Justice Siddhartha Verma.
The Bench has also directed the Secretary to specifically state about the measures taken by the Government to apply the directions issued by the Bench of the High Court in the year 2005 in the case of Chandra Bhan & Anr. V. Deputy Director of Consolidation, Gorakhpur & Ors., for the making of a separate Revenue Judicial Service cadre for the hearing of cases which come under the UP Zamindari Abolition and Land Reforms Act, 1950, UP Consolidation of holding Act, 1953 and UP Land Revenue Act.
The direction has been made after a Mirzapur based lawyer filed a PIL before the High Court, asking for the proper infrastructure of the Revenue Courts in the shape of courtrooms and appropriate seating arrangement and other facilities equal to that of Civil Court.
He also submitted that the present situations of the buildings where the Revenue Courts are located are in a pathetic condition and no maintenance has been provided to them.
Even Bar rooms are not present in these buildings although the parties are presented by the counsels most of the time.
He also told the Court that most of the courts which are under the jurisdiction of Additional District Magistrates, Sub Judicial Magistrates, Tehsildars and the other Adjudicating Officers under the UP Revenue Code, 2006, do not have the proper infrastructure to continue judicial functions. So, he had asked the Government to provide computer/laptop and books to the Consolidation Courts.
The Court after going through all the submissions, and the failure of the Government to follow the said instructions in the case since 2019, has now asked the State Chief Secretary to file a response in relation to the present petition.
The case will have its next hearing on 7th December 2020.