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2024 Supreme(Online)(GAU) 6386
HIGH COURT OF GAUHATI
MR. SAPTARSHI DAS, J
... – Appellant
Versus
IN RE - SHRI S K SAHARIA – Respondent
Crl.Rev.P. / 444 / 2009
MRS.M S SUNDI, MR.A K SINGH
Timely service of notice and case management are essential for judicial efficiency; delays in proceedings must be addressed promptly.
Headnote:(A) Legal Procedure - Service of Notice - The Lawazima Court directed fresh steps for service of notice upon a respondent due to incomplete service, emphasizing the need for timely listing of matters pending since 2013. (Paras 2, 3)
(B) Judicial Administration - Delay in Proceedings - The Court noted the lack of listing for a case since 2013 and mandated an explanation from the concerned section. (Paras 3)
Facts of the case:
The case involves a review petition where notice was issued to multiple respondents, but service was incomplete for one respondent, leading to directives for proper notice and explanation for the delay in proceedings.
Findings of Court:
The Court found that service upon certain respondents was completed while further actions were required for one, and emphasized the necessity of timely case management.
Issues: The main issues addressed were the status of service of notice upon the respondents and the protracted delay in listing the case.
Ratio Decidendi: The court underscored the importance of timely service of notice and the need for judicial efficiency in managing pending cases to avoid unnecessary delays.
Result: The concerned section was directed to take action to ensure the matter is listed promptly.
Date : 15.05.2024 Case taken up before the Lawazima Court.
Perused the records. Also perused the office note dated 10.05.2024. Upon perusal, it appears that notice was issued to the respondent Nos. 1, 2, 8 & 10 by registered post with A/D on 13.08.2013, pursuant to the order of the previous Lawazima Court dated 01.08.2023. However, in regard to the aforesaid notice, it appears that neither the A/D cards nor the Page No.# 1/2 GAHC010006482009 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./444/2009 XXX VERSUS IN RE - SHRI S K SAHARIA THE THEN JUDICIAL MAGISTRATE 1ST CLASS.
Advocate for the Petitioner : MRS.M S SUNDI Advocate for the Respondent : MR.A K SINGH BEFORE DEPUTY REGISTRAR (BENCH) - MR. SAPTARSHI DAS ORDER Date : 15.05.2024 Case taken up before the Lawazima Court.
Perused the records. Also perused the office note dated 10.05.2024. Upon perusal, it appears that notice was issued to the respondent Nos. 1, 2, 8 & 10 by registered post with A/D on 13.08.2013, pursuant to the order of the previous Lawazima Court dated 01.08.2023. However, in regard to the aforesaid notice, it appears that neither the A/D cards nor the Page No.# 2/2 un-served notices have been received.
Despite the aforesaid, it appears from the office note dated 10.05.2024 that learned counsels have entered appearance on behalf of the respondent Nos. 1, 8 & 10 by filing Vakalatnama. As such, it may be said that service upon the respondent Nos. 1, 8 & 10 has been completed.
Further, considering the fact that service in respect of the respondent No. 2 has not been completed as of yet, the concerned section is directed to take fresh steps for service of notice upon the respondent No. 2 by registered post with A/D as well as by usual Court process through the office of the concerned learned C.J.M, within 7 (seven) days from the date of this order.
In addition to the aforesaid, this Lawazima Court has observed that the instant matter has not been listed, either before the Lawazima Court or the Hon’ble Court since 01.08.2013 (last listed before the Lawazima Court on 01.08.2013). In this regard, the concerned section is directed to put up a proper office note before the Hon’ble Court, explaining as to why the instant matter has not been listed for such a long time, i.e. since 01.08.2013. Taking into consideration that the instant matter is pending for a long time, the concerned section is directed to list the instant matter before the Hon’ble Court forthwith.
