Lawstreet Journal

Allahabad High Court Notes That Cognizance Should Be Taken Of Meaningless Litigation Generated Due To Lawyers Abstaining From Work

Lawstreet Journal 5 Oct 2021 10:24pm

Image courtesy: Lawstreet Journal Judiciary Allahabad High Court Notes That Cognizance Should Be Taken Of  Meaningless Litigation Generated Due To Lawyers Abstaining From Work

The Allahabad High Court while rejecting an appeal for time-bound disposal of a case stated that cognizance needs to be taken of the matters in which meaningless litigation is being generated due to lawyers abstaining from work.

BACKGROUND

This statement was made by the Bench of Allahabad High Court consisting of Justice Vivek Kumar Birla while hearing the writ petition of one Gurudeen who had appealed for the speedy disposal of a mutation case under Section 34 of the Uttar Pradesh Land Revenue Act within a certain period of time. 

CONTENTIONS OF THE PETITIONER 

The petitioner contended in the High Court that the subordinate Court could not decide the case even after fixing various dates as per the 2019 Order of the High Court for the speedy disposal of cases. 

Furthermore, the petitioner contended that the disposal of the case was not being processed due to the absence of the presiding officer on various dates. Therefore, the petitioner had appealed seeking direction from the Hugh Court for timely and speedy disposal of the case. 

OBSERVATION OF THE COURT 

The Court held that the presiding officer was busy due to certain administrative duties which were as per the order-sheet and hence it could be used as a valid reason. The Court stated that the officers who are presiding over such courts may have other tasks which may cause them to stay outside of their office. Therefore, this reason is understandable but cannot be ground for intentional adjournment of the matter. 

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Tagged: Allahabad High Court  
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