The Lucknow Bench of the Allahabad High Court while disposing the petition observed that as per law the rubber stamp seal cannot be used for passing the orders and Revenue Courts are not supposed to pass the order by using the rubber stamp seal.
A Single Bench of Justice Saurabh Lavania passed this order while hearing a petition filed by Smt Sumitra Devi.
The petition has been filed for following main reliefs:
“Issue an order or direction against opposite party no 2 to decide and conclude the Mutation Proceedings Case under section 34 of U.P Land Revenue Code, 2006 “Smt Sumitra Devi Vs Ram Padarath and others” pending in the Court of Tehsildar (Judicial), Tehsil – Kunda, District – Pratapgarh, within a period as fixed by the Court.”
While considering the prayer sought, the Court, from the order sheet of the case in issue, noticed that on several dates, orders were not scribed, as required under the law and for stereotyped order(s) on order sheet fixing next date the rubber stamp seal was used.
The Court observed that,
It also transpires from the record that initially mutation case was filed in the year 2012 and thereafter, the same was dismissed for want of prosecution on 24.01.2018 and for the purpose of restoration of the case, the application for restoration was filed on 10.02.2018, however, neither the said application nor the case in issue has been decided till date.
As per law the rubber stamp seal cannot be used for passing the orders and Revenue Courts are not supposed to pass the order by using the rubber stamp seal as per observation made by the Court in the judgment passed in the case of Hanuman Prasad Vs State of U.P and Ors.
Having considered the aforesaid facts and circumstances of the case, the Court disposed of petition in following terms:-
(i) Opposite party no 2/Tehsildar (Judicial), Tehsil- Kunda, District – Pratapgarh is directed to conclude the proceedings within a period of three months and for this purpose, he shall avoid unnecessary adjournments.
(ii) Board of Revenue, Uttar Pradesh is hereby directed to apprise the revenue courts, the manner in which the order sheet should be drawn.