Ap high court: issues with listing case
Q Slinger
(Querist) 20 August 2014
This query is : Resolved
Hello All:
I have 2 HC casesin Andhra Pradesh, 1. is a property case (Writ of Mandamus) with Naveen Rao and 2. 482 Quash petition with K.G Shankar.
My primary issue is that neither of these cases are coming for hearing.
1. With my writ of mandamus, the judge is wilfully removing "unimportant" cases from the cause list and will not even allowing for mentioning. Even the bench clerk is unable to do anything about it. Lawyer (a very close friend) says that, we should consider ourselves lucky because its at least on the list. But unfortunately, this has been going on for past 5 months and the cases is always between 100 to 120 on the causelist.
2. 482 Quash petition: The quash was filed on Oct 2013 and still no relief. The case shows up on causelist and then disappears again for no reason at all. We also "motivated" the bench clerk a few times and got it listed a few times but case disappears again.
Neither of the judges are willing to entertain mentions. Given the circumstances above, I am totally confused as to what to do.
Is there a sure shot way of getting cases listed and heard soon? Please suggest. Thanks in advance for your expert opinion.
ajay sethi
(Expert) 20 August 2014
judicial process takes time on account of heavy backlog of cases . no short cuts . you have to wait your turn .
Q Slinger
(Querist) 20 August 2014
Ajay: I understand that judicial process takes time, however, I have waited for my fair turn and yet, it does not seem to come.
the question is what other avenues I can pursue in order to get the cases listed? There are cases that have been filed after mine, and they have been concluded.
Dr G V Rao
(Expert) 20 August 2014
Agree with expert...ur case is very very recent. I am fighting for Justice since last 5 years regarding my service matter and filed 3 expedite petitions which were heard but nothing happened...the worst scene..
Q Slinger
(Querist) 20 August 2014
Its so sad to see the state of affairs in HC's...if HC themselves cannot dispose of the cases in timely manner, what chance does the common public have in trial courts?
Shonee Kapoor
(Expert) 21 August 2014
Nothing left to be added.
Regards,
Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
malipeddi jaggarao
(Expert) 22 August 2014
My writ (personal) is also pending before AP HC since 2010. Initially I engaged the best advocate in service matters, as nothing was moving and he is not willing for out of petitions and frequent mentions, I have taken back my case before two months and trying to mention the urgency on daily basis. Though the judge is kind enough to post it on priority, it is not reaching in bench. Sometimes, even if posts for 2.15 hearings, my case is not reaching.
Judiciary is too much burdened. How any judge can hear cases of more than 150 daily? There is no instant remedy. You will have to wait for your turn patiently attempting to mention the urgency whenever it is possible.
Anirudh
(Expert) 22 August 2014
I fully agree with the views and situations pointed out by Mr. Jagga Rao.
In fact, such frequent, mentions for early hearing themselves take away the time of the judges! It is like trying to take zig jag driving, in a already jammed road!
As rightly pointed out by Mr. Jagga Rao, if every one waits patiently, without unnecessarily filing applications or making mentions for early hearing, perhaps their turn will come quickly than by such moves and steps which in fact only further delays things.
Q Slinger
(Querist) 23 August 2014
Ok...can anyone explain this situation then.
On 22nd of August my case was at 84 in the causelist. The judge heard about 60 cases on that day. So technically, continuing the cause list from previous day, the next cause list should have my case at no: 24.
However, I checked the causelist for 25 Aug and my cases is listed at 112?? I understand that the courts are burdened, but to push me out of my fair chance is not right. Tis judge does not deals with bails etc. so how is it that other cases are able to bump my case down? Why are other cases taking priority? Who decides what is important and what is not?
ajay sethi
(Expert) 23 August 2014
the reason why your case was listed lower is on the next date there must be other cases which have been adjourned for said date . further some case for urgent reliefs must have been mentioned . hence your case is listed lower
T. Kalaiselvan, Advocate
(Expert) 26 August 2014
The query has been addressed very properly by all experts, nothing left to add.
V R SHROFF
(Expert) 26 August 2014
IN PRESENT SCENARIO, ONE SHOULD HAVE PATIENCE TO GO TO COURT FOR YEARS!!! DO NOT PANIC IN FEW MONTHS..
