PIL For Women’s Rights On Agricultural Land: Allahabad HC Requests Advocate General To Address It In Such Matter
The Allahabad High Court, Lucknow Bench in a PIL (Public Interest Litigation) relating to the rights of women on agricultural land has requested the Advocate General to address the court in such a matter.
A Division Bench of Justice Devendra Kumar Upadhyaya and Justice Om Prakash Shukla said, “Even otherwise, the issue raised in this petition has a large and widespread and even all pervasive implication throughout the State of Uttar Pradesh and thus, the matter needs to be heard finally. As observed above, considering the significance attached to the issue involved in this petition, the Court had requested the learned members of the Bar as well to address the Court. … We, however, call upon once again the learned members of Bar to address the Court in the matter in terms of the order dated 23.03.2023. We also request the learned Advocate General to address the Court in this matter."
The Bench observed that the prayer for the grant of interim relief in its opinion cannot be acceded to.
Advocate Satya Narain Shukla appeared on behalf of the petitioner while no one appeared on behalf of the State.
In this case, having regard to the nature of the issues raised, the High Court had called upon the Advocate General of the State of Uttar Pradesh to address the Court on the next date. The Court vide its order also called upon members of the Bar to address the Court with the request that the members of the Bar intending to argue the matter shall furnish a proposition of law that they intend to argue, in writing but the matter though was listed on several occasions, however, on account of non-availability of learned Advocate General, it could not be argued on behalf of the State.
In the aforesaid view, the counsel representing the petitioner submitted that since the hearing of this matter is being avoided on behalf of the State, the Court may proceed to grant interim relief as prayed for in this case. It was argued that every day thousands of women are being deprived of their right of inheritance in agricultural property because of the provisions contained in Sections 108, 109, and 110 of the U.P. Revenue Code, 2006 which apparently are unconstitutional being violative of Article 14, 15 and 21 of the Constitution of India.
The High Court in the above context noted, “In his submissions, Shri Shukla submits that operation of these provisions which are under challenge may be stayed to check the continued violation of rights of women in the society to succeed/ inherit the agricultural property. … Learned State Counsel, however, opposed the prayer for grant of interim relief stating that in case any such relief is granted, that may amount to finally allowing the writ petition itself and further that it is settled principle of law that in a situation where constitutional validity of any legislation is under challenge, no interim relief is to be granted.”
The Court said that so far as the line of succession/ inheritance in the agricultural property in UP is concerned, the same has continued with some minor changes and there since the year 1950, and as such, unless and until the provisions which have been sought to be declared ultra vires the Constitution in this petition are struck down, the grant of interim relief would be impermissible.
Accordingly, the Court listed the matter on July 7, 2023.
Cause Title- Siddhartha Shukla v. State of U.P. Thru Chief Secretary and Anr.
