JUDGMENT
A.K. Yog, J.
1. Petitioner has filed this petition seeking a writ of mandamus for an innocuous relief to the effect that this case, which is pending before respondent No. 2 may be decided.
2. Who can say, a case filed before a Court is not to be decided? The million dollar question is in what manner’ and ‘how’ the said object is to be achieved within the prevailing system and set-up. Efficiency of a system/organisation, anywhere in the world, depends upon the people involved in the system. Even the finest system will fall if the people manning do not possess required talent and have the requisite desire to achieve an object or goal.
3. Above all need of proper environment (which can be achieved only by nurturing requisite culture) cannot be undermined.
4. Order sheet of the present case maintained in Court below shows that case was adjourned on several occasions due to Advocates’ strike.
5. How the Bar explains Its role when it has itself generously attributed to the delay?
6. Due to Advocate strikes, Court working is paralysed. General apathy towards strike encourages a small number of Bar to resort to it. Courts work is paralysed not because of strike but because of passive attitude and apathy of the Bar in general.
7. Have we ever achieved the desired object out of strike? If answer is no, then why should one take recourse to it.?
8. After all-who is the sufferer? in longer run none other than the
members of legal profession alone suffer. If bar starts believing in real productive work-atmosphere and attitude of all concerned will automatically improve.
9. There are various constraints (many of which may not be in the sight of this Court) under which District Court judiciary functions. It will not be proper for this Court to issue a writ of mandamus and make an attempt to meddle with the case ‘Diary’ of a ‘Subordinate Court’ or ‘Authority’.
10. A ‘Presiding Officer’ of a Court
concerned is the best Judge to deal and regulate its diary. As a superior court, this Court does not approve of action to issue a writ as claimed.
11. Writ jurisdiction for this purpose can, however, be utilised sparingly on serious and/or exceptional grounds.
12. Moreover, petitioner ought to have approached the concerned authority or next higher/supervisory authority and bring necessary facts to its notice. If a case is made out, there is no reason to assume as to why his request shall not be considered favourably, subject to feasibility.
13. With above observations, writ petition fails and it is, accordingly dismissed. No order as to costs.
