PANKAJ MITHAL, J. - (1.) HEARD learned Counsel for the petitioner.
(2.) PETITIONER has invoked the writ jurisdiction of this Court for seeking a direction upon respondent No. 1 Additional Commissioner, Varanasi Division, Varanasi to decide appeal No. 35 of 2004 (Chandra Bali and others v. Raja Ram and others) filed under section 331 of the U.P. Z.A. and LR Act within a stipulated period of time with further prayer that respondents No. 2 to 4 be restrained from interfering in his peaceful possession over gata No. 35 situate at Mauja Pura Gambhir, Tehsil-Badlapur, District Jaunpur till the decision of the appeal. Respondents No. 2 to 5 instituted suit No. 184/224 under section 229-B of the Act. It was decreed on 26.5.2004. The said judgment, order and decree has been challenged by the petitioner in the above-referred appeal before the Additional Commissioner Varanasi Division, Varanasi. The appeal was filed on 13.7.2004. The submission of the learned Counsel for the petitioner is that the appeal is pending for the last 8 years and is not being decided.
(3.) THE Court has experienced that every day about 5 to 10 writ petitions are coming on the land revenue side and under the U.P. Z.A. and LR Act with similar prayer to get the case/suit, appeal or revision or applications pending therein be decided within a time bound period. It has also been noticed that in almost all such cases apart from delay being caused by the contesting private parties, the delay in disposal appears to be on account of the fact that either the officer is not posted or available or is busy in some administrative work; and for the reason that adjournment prayed for has been granted casually. It is settled that speedy justice is part of a Fundamental Right under Article 21 of the Constitution of India. Therefore, all litigation must come to an end at the earliest.;