GANGOTRI BUILDERS Vs. STATE OF U.P.

JUDGEMENT

(1.) YESTERDAY , after the order of 12th September 1995 had been passed in the Court in the three writ petitions, Mr. V.B. Singh, Advocate, requested in Chambers that the order be not signed, as he has reservations on the petitions being admitted for practical reasons. Thus, the transcribed order has not been signed and it has been put up before the court today, and learned counsel aforesaid, repeated his request to correct the order by not admitting the case, to permit the finalisation of it at the admission stage. His submission is to the effect that if the cases reach the 'hearing' stage, it is unlikely that they will actually be listed for hearing in the foreseeable future. Learned counsel submits that cases for 'hearing' are suppressed at the expense of cases for 'admission' and even applications seeking prayer for expediting hearing of cases are pending consideration. Thus, he had made the prayer that the case be heard at the admission stage. The contention of counsel appears to be correct. But, if the Court were to agree with him, it will amount to compromising a normal order of the Court, and running away from the reality of the increasing weight of pending cases that threatens to crush the legal system.

(2.) THERE is nothing which counsel contends with which the Court disagrees, his description of cases for hearing disappearing down a dark well is apt.

(3.) AN 'admission' is leave granted by a Superior Court of Record that a writ petition is certified fit for the issue of a prerogative writ. Thereafter, the High Court accepts the case for hearing. Today's phenomenon of writ cases ready for hearing, but out of sight, and writs pending admission without a certificate of leave to be heard is not of today's making. It has happened over the years. Fewer than 10,000 writ petitions were filed in a year two decades ago; today the number has crossed the 25,000 mark, and the year is only half over. How will the Judicature manage to decide, and not merely 'dispose of' the perhaps 50,000 writ petitions which will be filed?