RAMCHANDRA SHUKLA Vs. D D C GORAKHPUR

JUDGEMENT

(1.) A. B. Srivastava, J. This is an admitted category B writ petition of year 1979 arising out of proceedings before the consolidation authorities. As the things stand at present, this already to be listed for final hearing. Though listed for orders before this Bench the parties having agreed that the petition itself may be finally disposed of, consequently, learned counsel for both the parties have been heard on merit.

(2.) THE controversy in this petition is a very short one, whether a judgment dieted and thus delivered in open court would be rendered invalid and non-est, the Presiding Officer having died before authenticating the same by putting his signature.

(3.) THE principles in this regard have also been affirmed by the Supreme Court in Surendra Singh v. State of U. P. , reported in AIR 1954 SC 194' (Para 14), wherein it is laid down that: "as soon as the judgment is delivered, that becomes the operative pronouncement of the Court. THE law then provides for the manner in which it is to be authenticated and made certain. THE rules regarding this differ but they do not form the essence of the matter and if there is irregularity in carrying them out it is curable. Thus, if a judgment happens not to be signed and is in advertently acted on and executed, the proceedings consequent on it would be valid because the judgment, if it can be shown to have been validly delivered, would stand good despite defects in the mode of its subsequent authentication. "