LI Network
Published on: November 20, 2023 at 10:02 IST
The Allahabad High Court has reiterated its stance that revenue courts must refrain from issuing orders using rubber stamp seals.
Justice Saurabh Lavania, in reference to a case under Article 227 of the Constitution seeking prompt resolution under section 34 of U.P. Land Revenue Code, 2006, emphasized that the use of rubber stamp seals for order sheets is legally unacceptable.
Justice Lavania underscored, “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 this Court in the judgment passed in the case of Hanuman Prasad Vs. State of U.P. and Ors. reported in MANU/UP/0405/2006.”
During the proceedings, the Court noted the absence of dates on the order sheet of the lower court, where a rubber stamp seal was used to designate the next hearing date. Drawing from the precedent set in Hanuman Prasad Vs. State of U.P. and Ors, the Allahabad High Court delved into the U.P. Revenue Courts Manual.
The court stressed Rule 30 of the Manual, which mandates that the order sheet must be written and signed by the Presiding Officer or an officer of the Court.
Additionally, the Court highlighted Rule 32 of the Manual, emphasizing that orders affixing dates or directing actions by parties should be signed by the parties or their pleaders.
The meticulous scrutiny of the U.P. Revenue Courts Manual guided the court in reinforcing the importance of proper documentation and signatures in the adjudication process.
In light of these observations, the Court directed the concerned Tehsildar to conclude proceedings within three months. Furthermore, the Chairman of the Board of Revenue, Uttar Pradesh, has been instructed to inform revenue courts about the correct procedures for drawing up order sheets.
The case in question is titled Smt. Sumitra Devi v. State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lucknow And 4 Others
