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SCA/6078/1999 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6078 of 1999
======================================
KANUBHAI
VIRABHAI HEIRS OF DECVIRABHAI RAPABHAI BARIYA
Versus
STATE
OF GUJARAT AND OTHERS
======================================
Appearance
:
MR MA KHARADI for
Petitioner.
MR HK PATEL, AGP for Respondent No.1.
MR PM DAVE
for Respondent Nos.2 - 5.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 26/08/2010
ORAL
ORDER
1. Learned
AGP, Mr.H.K.Patel, submitted that he appears but he is not ready with
the matter. The petition has been listed from time to time and
recently the hearing was adjourned on 23rd August 2010 to
25th August 2010, and on 25th August 2010 to
today on account of sick note of Mr.P.M.Dave, learned counsel for
respondent nos.2 to 5. Now when the matter is taken up for hearing,
learned AGP has seen to it that hearing cannot take place by
expressing his inability to assist the Court. He also states that he
does not have papers of the matter.
2. This
has become a typical approach of the office of learned Government
Pleader and amounts to non-cooperation with the Court. While on one
hand High Court propose to take up old matters remaining in arrears
for decades on priority basis, the main party in most of the cases
being State, its cooperation is indispensable; and without such
cooperation the judicial system cannot be blamed for mounting arrears
and pendency of cases for decades. The office of learned Government
Pleader needs to take note of this state of affairs and the
Department of Law and Justice of the State Government needs to take
appropriate steps for ensuring proper representation of the
Government authorities before the Court. Presently, while scores of
matters pending since more than ten and upto eighteen years are being
listed for hearing, the assistance on behalf of the State is reduced
to repeatedly stating that either the papers are not available or
learned AGP in-charge is not available or learned AGP concerned is
not ready with the matter or that suitable instructions are required
to be called for from the department concerned. Very recently in a
matter pending since eighteen years, learned AGP filed
affidavit-in-reply, and in another case an order made in the year
2001 and conveyed to learned Government Pleader’s office in 2001 was
produced in the Court in the year 2010, inspite of a clear direction
to produce that order by a particular date in the year 2001.
3. Under
the above circumstances, it has become increasingly difficult to cope
with the arrears and even to deal with fresh matters due to wastage
of public time of the Court on hearing such hollow and irresponsible
pleas. Therefore, in humble opinion of this Court the matter is
required to be taken up with the Legal Department of the State
Government for appropriate action.
4. A
copy of this order shall be immediately placed before Honourable the
Chief Justice for taking such action as may be deemed proper under
the circumstances. S.O. to 27th August 2010.
(D.H.Waghela,
J.)
*malek
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