The Supreme Court said on Tuesday that a case should not be unnecessarily remanded by the High Court for fresh consideration as it initiates a new round of litigation. The bench stated that the idea is to reduce litigation, not promote it.
The Supreme Court said on Tuesday that a case should not be unnecessarily remanded by the High Court for fresh consideration as it initiates a new round of litigation. The bench of Justices stated that the idea is to reduce litigation, not to increase it.
The bench set aside an order of the Allahabad High Court which had remanded a matter for fresh consideration after hearing all concerned parties. The case pertained to the rejection of a person’s application by authorities for correction of a plot’s map.
While considering the appeal, the Supreme Court said that the court had misinterpreted and relied on Section 30 of the Uttar Pradesh Revenue Code, 2006, which pertains to the maintenance of maps and field books.
The bench said this could have led to unnecessary and increased litigation. The bench said, ”We would also like to say that this court’s earlier view was that if principles of natural justice are violated, the matter should be remanded to give the concerned party a hearing opportunity. However, with the passage of time, this view has changed. The idea is to reduce litigation, not to increase it. Unnecessary remand by the High Court initiates a new round of litigation, which should be avoided.”
Initially, an application filed before the Collector for correction of a plot’s map was rejected. Subsequently, the Additional Commissioner also dismissed the appeal against the Collector’s order. Nearly 17 years later, another application for map correction was filed, but the concerned authority rejected it.
Thereafter, the matter reached the High Court, which remanded the case for fresh consideration after providing a proper opportunity of hearing to all concerned parties.
Citing Section 30 of the Uttar Pradesh Revenue Code, 2006, the Supreme Court bench said the Collector is obligated to maintain a map and a field book for each village in the prescribed manner and any changes made therein should be recorded annually or after prescribed long intervals.