01-05-2025
Plaintiffs buying time via adjournments a menace: HC
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Prayagraj: Observing that role of
litigants
in contributing to
judicial delays
is often overlooked the
Allahabad High Court
termed it a "menace" that is "neither spoken of nor condemned" and opined that this tendency must be "discouraged firmly".
Justice J J Munir said it was "surprising" that despite widespread protests over court delays, litigants, on appearing in court, sought and enjoyed
adjournments
that suited their cause. "It is surprising that despite such widespread protest against delays in courts, citizens of the country, in whatever position they are, while appearing in court as litigants, love to seek time and enjoy adjournments that suits their cause. The contribution of the litigating public to delays in court, which, in fact, is a menace, is neither spoken of nor condemned. In any case, this tendency has to be discouraged firmly," the court remarked in its one-page order dated Apr 23.
The observations were made by the court dismayed over a tehsildar's written instructions to chief standing counsel requesting him to seek some additional time from the court to submit a report.
The court was dealing with a PIL petition filed by Shailendra Prajapati, wherein it was alleged that a pond in Bendui village, Post Saren, Pargana Atrauliya, Tehsil Budhanpur, Azamgarh district was encroached by private respondents.
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It was also pointed out that order of eviction was passed by the Tehsildar Budhanpur in proceedings under section 67 of the UP Revenue Code, 2006, however, the same had not been carried out so far.
On Apr 10, court had called for a report from tehsildar over alleged non-compliance of the order for eviction. Tehsildar, through chief standing counsel (CSC), sought additional time to file the report.
Rejecting request as well as rebuking litigants in general for seeking adjournments, court in its order dated Apr 23, directed the tehsildar to file his affidavit within three days or appear in person on next date of hearing.
