HIGH COURT OF GUJARAT Vs. UDAY LAXMIKANT DESAI

JUDGEMENT

(1.) THE writ petitions have been preferred by the respondent " writ petitioner against certain orders passed by the Presiding Officer, 4th Fast Track Court, Surat in Misc. Civil Appeal No.139 of 2006 and other matters. Those cases were disposed of on 13th January 2009 by the learned Single Judge directing the learned trial Court to decide and dispose of the respective suits as expeditiously as possible but not later than 31st March 2010. After disposal of the case, petitions were filed by the learned 2nd Additional Senior Civil Judge and ACJM, Surat requesting to extend the time for a further period of 18 months to finally decide and dispose of the Special Civil Suit No.415 to 419 of 2002. In the said case while allowing the time by the impugned order dated 7th May 2010, the learned Single Judge made following observations:

(2.) THE present appeal has been preferred by this High Court, through the Registrar General for deleting the direction and observation, as made in paragraphs 5 and 8 of the aforesaid order. Learned counsel appearing on behalf of the appellant " High Court would contend that the power to issue Circular to all Principal District and Sessions Judge and other Judicial Officers is a matter of policy, which can be determined from the High Court, in its administrative side under Article 235 of the Constitution of India. Those are the matters, which are normally taken up by the High Court in its administrative side in its meeting in Chamber (Full Court). This Court, under Article 226 of the Constitution, ought not to have issued such direction thereby taking away the power of the High Court, in its administrative side under Article 226 of the Constitution.

(3.) IN the present case, we find that the High Court has merely sought for setting aside portion of the order direction, as given at paragraphs 5 and 8 in the judgment dated 7th May 2010 passed in Special Civil Application No.2848 of 2008 and other cognate matters. If such a direction is withdrawn, in no manner, it will affect the respondent " writ petitioners or the contesting respondents or the suit pending before the Court below.