1. Heard learned counsel for the petitioner as well as learned counsel for the opposite party No. 1.
2. By means of this writ petition, the petitioner has sought for writ in the nature of mandamus directing learned Civil Judge (Junior Division), South, Court No. 24, Sultanpur to decide regular Suit No. 867/2002 within stipulated period.
3. A perusal of the order sheet shocks the judicial conscious of this Court. The suit is being adjourned right from 2007 till date for ex-parte hearing. This is amazing and stigmatic on the entire duration of the administrative system.
4. Learned counsel for the petitioner submits that 19.10.2012 is fixed for ex-parte argument. I am unable to justify the conduct of the Presiding Officers, who have manned this Court and did not decide this case and, thereby ,not only denied the duty cast upon them but has added flimsy pendency. I am also unable to understand what the District Judges were doing on the name of inspection of Courts, under their control.
5. It is needless to say that the matters of interim relief, grant of succession certificate, probate etc. need to be disposed of, without a moment's delay otherwise the frustrated public will be compelled to take recourse to illegal means, which may, very often jeopardize the sense of security in the mindset of the people.
6. The learned District Judge is expected to impress upon the officers, under his command, to take cognizance of the public opinion, that the entire population is fed up with the justice delivery system. What will happen with this constitutionally governed society, if judges are performing their duties in such a luxurious manner like a monarch, unmindful of the expectations of the society. The Court or a Judge is the last remedy available to a human being after God. Still pupil have abundant/ample/extensive and more than enough faith in the Courts which deserves to be protected, not only, in the interest of the institution, but in the interest of the nation and preservation of constitutional mechanism. Rapid decline in Civil cases and surmounting increase in Criminal cases shows that the Civil Courts are losing their grip over the nerve of the society which is resulting in increase of use of force and chaos. "Chaos" includes complete confusion and disorder, the shape of matter, that is alleged to have existed before the universe was given order.
7. Judges and Judges alone can prevent the degeneration of rapidly deteriorating society and, a Judge has to shoulder the responsibility to stop this breakdown and, change the system from complex to a simpler form, in such a fashion that the formal structure is rebuilt. The Hon'ble Apex Court in Gurudev Kaur & Others v. Kaki & Others, AIR 2006 SC 1975, the Hon'ble Apex Court has given a note of caution to such orders which are stigmatic on the justice delivery system in the mind of the public at large and has held; "Judges must administer law according to the provisions of law. It is the bounden duty of Judges to discern legislative intention in the process of adjudication. Justice administered according to individual's whim, desire, inclination and notion of justice would lead to confusion, disorder and chaos."
8. The writ petition is accordingly disposed of with a direction to the Learned Civil Judge (Junior Division), South, Court No. 24, Sultanpur to hear the arguments and decide the case, the same day, when it is fixed, after production of a certified copy of this order.
9. Let the copy of this order be sent to District Judge, Sultanpur to get all such files verified which are being adjourned for no reason, so as to slash ornamental pendency and persuade the judicial officers to crack down such useless cases, in order to consume court hours to settle real disputes between the parties and enhance the output. The leadership of a District Judge lies in such meaningful business, which require immediate attention. The Institution of justice is required to be saved to come to ridicule. The guidelines laid by the Hon'ble Apex Court in Ramrameshwari Devi and Others v. Nirmala Devi and Others to be adopted to avoid prolonging trial by avoiding obstacle creators, in a pragmatic manner.
Order Date :- 21.9.2012 Nitesh