New protocols emphasize technological communication and procedural amendments to ensure fairness in judicial proceedings.
The Allahabad High Court has issued significant guidelines aimed at reforming the caveat management system within the Uttar Pradesh Board of Revenue. The court's directive follows a writ petition highlighting procedural flaws in the current system, which fail to ensure effective communication or service of caveats to concerned parties. Justice J.J. Munir, addressing the petition filed by Tribhawan Goyal against the State of U.P., underscored the necessity for a streamlined and transparent caveat management system.
The petition arose from a case involving Ashok Kumar, who had filed a revision without notifying the petitioner, Tribhawan Goyal, despite an entered caveat. This led to interim orders being passed without the petitioner’s knowledge, emphasizing the urgent need for procedural reform.
The court observed that the Board of Revenue's existing procedures lacked a system to notify parties or their counsel when a caveat is marked. This often results in parties being unaware of caveats until the matters are presented in court. To address this, the court has mandated the use of modern communication methods, including emails and messaging apps like WhatsApp, to ensure prompt and reliable communication of caveats. Additionally, the guidelines suggest a minimum time frame for serving notices and require proof of communication.
The court further directed the Chairman and Members of the Board of Revenue to consider amending existing rules or practices to accommodate these guidelines. The proposed amendments aim to integrate digital communication tools, ensuring that caveator’s counsel are informed in a timely manner, thereby maintaining fairness and transparency in the judicial process.
The guidelines also propose that outstation counsel should designate a local counterpart or provide contact information for remote participation through video conferencing platforms. This approach aims to mitigate the challenges posed by geographical constraints and ensure that all parties have adequate opportunity to respond to legal proceedings.
The judgment emphasizes the Board of Revenue’s responsibility to adapt these guidelines within the framework of existing rules and infrastructure. The court has communicated its order to the Chairman of the Board of Revenue, the Registrar at Prayagraj, and the Secretary of Revenue, Government of Uttar Pradesh, urging them to implement the necessary changes.
This judgment represents a critical step towards enhancing the procedural integrity of the judicial system in Uttar Pradesh, ensuring that all parties receive due notice and opportunity to present their case, thereby upholding the principles of natural justice.
Bottom Line:
Guidelines issued for effective caveat management in the office of the Board of Revenue, U.P., emphasizing communication protocols, amendment of rules, and use of technology to ensure fairness in judicial proceedings.
Statutory provision(s): Guidelines for caveat management, Procedural rules of Board of Revenue, Communication protocols, Use of technology in judicial proceedings.
Tribhawan Goyal v. State of U.P., (Allahabad) : Law Finder Doc Id # 2829307
