2020 (3) TMI 905 - HC - Indian Laws

Recovery Proceedings - restraint on Tehsildar from pursuing the recovery proceedings - threat of fatal consequences of COVID-19 - HELD THAT - Today, there is an extraordinary situation in the country due to pandemic Corona Virus and therefore, it calls for an extraordinary measure to be taken to contain COVID-19. It is a situation where 'self quarantine' should be encouraged amongst people in the society in particular and the country in general. All the concerned competent authorities both administrative and nonadministrative under the State Government be issued directions restraining them from taking any coercive measures against any person or body of persons in the society so as to force him/them to approach the Court for the redressal of grievance. All the recovery proceedings at the end of the district administration, financial institutions and other administrative bodies/authorities/agencies and otherwise at the end of the instrumentalities of the State shall be deferred for a period of two weeks i.e. till 6.4.2020 - All the auction proceedings, if any pending or initiated in the meanwhile, shall remain deferred for a period of two weeks i.e. till 6.4.2020.

Issues Involved:
1. Legality of recovery proceedings.
2. Impact of COVID-19 on judicial and administrative processes.

Detailed Analysis:

1. Legality of Recovery Proceedings:
The petition raised questions regarding the legality of the recovery proceedings initiated by the Tehsildar. The court had previously passed an interim order on 05.03.2020, restraining the Tehsildar from pursuing these recovery proceedings. The respondent-Bank sought additional time to obtain instructions on the matter. The court extended the interim order, effectively halting the recovery actions for the time being.

2. Impact of COVID-19 on Judicial and Administrative Processes:
The court recognized the serious threat posed by the COVID-19 pandemic and issued several directives to mitigate its impact on society and the judicial process. The court emphasized the necessity of social distancing and avoiding public gatherings to curb the spread of the virus. It cited advisories from the Ministry of Health and Family Welfare, which included measures such as the closure of educational institutions, gyms, museums, and theatres, promoting online education, encouraging work from home, and minimizing public meetings.

The court also referred to a circular issued by the Supreme Court of India on 14.03.2020, outlining precautionary measures to avoid mass gatherings and ensure safety within the Supreme Court premises. These measures included restricting non-essential visits, closing cafeterias, suspending guided tours, and implementing thermal screening at entry points.

Similarly, the Chief Justice of the Allahabad High Court issued an order approving recommendations to combat the threat of COVID-19. These included taking up only urgent matters, restricting entry to the court premises, deferring personal appearances, suspending mediation proceedings, and closing the Advocates' Canteen and Bar Association meeting halls.

The Information and Public Communication Department of Uttar Pradesh also issued an advisory based on the resolution of the Council of Ministers under the Chief Minister's chairmanship. This advisory included closing educational institutions and tourist places, suspending examinations, and ensuring free healthcare for COVID-19 infected individuals.

Court's Directives:
In light of the pandemic, the court issued specific directions to prevent coercive measures that could force individuals to seek legal remedies, thereby increasing public gatherings. The directives included:
- Deferring all recovery proceedings by district administration, financial institutions, and other administrative bodies for two weeks (till 06.04.2020).
- Deferring all auction proceedings for two weeks.
- Restraining District Magistrates and administrative authorities from requiring any person's presence for any pending or other proceedings for two weeks.
- Halting any demolition exercises by district administration or state authorities for two weeks.
- Suspending any eviction or dispossession actions for two weeks.

The court ordered the Registrar General to send a copy of the order to the Chief Secretary of Uttar Pradesh for compliance, ensuring that necessary directions and circulars are issued to all concerned authorities within 48 hours. A copy was also sent to the Advocate General for compliance. The matter was scheduled for further hearing on 06.04.2020.

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