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Court tells U.P. to create revenue judicial service

Allahabad: The Allahabad High Court has directed the Uttar Pradesh Government to create a separate permanent revenue judicial service cadre within a year.

Passing the order, Justice S.N. Srivastava said the members of the revenue judicial service, so created, will work as presiding officers in courts discharging judicial functions under the U.P. Zamindari Abolition and Land Reforms Act as well as U.P. Consolidation of Holdings Act.

The required qualification and appointment of members of judicial service and training imparted to them should be at par with the standards maintained in state judicial service which is under the control of high court, the judge said.

The court said such a cadre for revenue and consolidation courts be created within a period not exceeding a year.

While issuing the direction, the court expressed the view that the administration of justice by competent and qualified officers by creating separate revenue judicial service was a requirement of law as per Article 50 of the Constitution which provides for separation of judiciary from executive.

It observed that power of courts cannot be delegated to the executive administrative officers who act as prosecutors and at the same time wear the mantle to act as a judge.

The order has been passed on a writ petition by one Chandra Bhan and five others challenging judgements of consolidation authorities under the Consolidation of Holdings Act. -- PTI

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