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prasanna kumar (individual)     02 November 2023

High court not deciding a matter on merits

A writ petition in a high court is pending since 2021. Almost 100 dates have been given but the matter is not being heard. only adjourned.

A memo for final disposal of the writ on merits is also filed but to know avail.

An application for early hearing is allowed by one bench. But on roaster change the other bench does not hear the matter.

what is the remedy available to get the matter heard and decided early. Whether Supreme Court can be approached under Art.32 for a suitable order or a direction to the high court to decide the matter on merits early.

Pls advice. Thanks in advance.

 



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     02 November 2023

You have to wait till orders come out.

prasanna kumar (individual)     02 November 2023

sir,

When the matter itself is not being heard, what order can be expeced. The matter is unresolved for 14 years.

T. Kalaiselvan, Advocate (Advocate)     02 November 2023

You may give an applicaiton to the registrar about this giving the details of the case and dates where the case was not heard and request to post the matter in an early item number in the next date of listing

Dr. J C Vashista (Advocate )     03 November 2023

Discuss your issue with your lawyer who is well aware about facts, law and procedure being followed in the case.

1 Like

MPS RAMANI   06 November 2023

If any other authority is dragging its feet a writ of mandamus can be filed in a High Court. But if High Court itslf is procastinating, where can one go?

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

This is not a strange thing or a remote event.

plenty of such incidents can be quoted pertaining to various high courts across the country.

One must endure.


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