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2026 Supreme(Online)(MP) 37409

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Rusia, ACJ, Pradeep Mittal, J
Basudev Chatterjee – Appellant
Versus
State of Madhya Pradesh – Respondent
WP No. 6278 of 2025



Important Points

The provision of adequate judicial infrastructure is a constitutional duty under Article 21 to ensure access to justice, and financial constraints cannot be pleaded by the executive to deny necessary resources to the judiciary.

Subject

Civil - Public Interest Litigation

Act Referred

Headnote

(A) Judicial Infrastructure - Constitutional Duty - Provision of adequate courtrooms and residential quarters is not a matter of executive discretion but a constitutional duty under Article 21 to ensure access to justice. (Para 13)

(B) Financial Constraints - Executive Plea - Financial constraints cannot be used by the executive as a justification to deny necessary infrastructure and administrative resources to the judiciary. (Para 13)

(C) Administration of Justice - Sovereign Function - The judiciary is a pillar of democracy and the administration of justice is an essential sovereign function, requiring budgetary autonomy to maintain efficacy. (Para 13)

Issues: Whether the State Government is obligated to provide adequate judicial infrastructure despite financial constraints.

Advocates:
For the Appellants/Petitioners: Anubhav Singhal, Deepak Kumar Pandey
For the Respondents: Prashant Singh, Swapnil Ganguly

1. The present Public Interest Litigation has been filed under Article 226 of the Constitution of India by the petitioner, an Advocate and Sanyojak of Jila Vikas Manch, Anuppur, seeking appropriate directions for construction of a new District Court building at Anuppur having 14 Court Rooms.

2. The petitioner submits that Anuppur, a tribal-dominated district declared as a civil district in 2009, and since than continuously functioning in the old rented building, which lacks adequate space and infrastructure. According to the petitioner, the existing facilities cause considerable inconvenience to advocates, litigants and members of the public attending the Court.

3. It is pleaded that the High Court of Madhya Pradesh, Jabalpur, vide memorandum dated 03.02.2021 (Annexure P-1), directed the Principal Secretary, Law and Legislature Department, to take prompt action regarding the pending administrative and financial sanction for construction of the proposed new District Court building at Anuppur having 14 Court Rooms. The District Bar Association, Anuppur, thereafter submitted representations dated 25.08.2021 and 01.07.2024 requesting sanction for construction of the new Court building and pointing out the inadequacy of the existing infrastructure.

4. The respondents, however, vide communications dated 17.11.2021 (Annexure P-3) and 30.05.2023 (Annexure P-4), informed the petitioner that the estimates relating to construction of various District Court buildings recommended by the High Court, including the proposal concerning Anuppur, were pending for approval due to lack of budgetary allocation. It was stated that approval could be issued when budgetary resources became available and after approval by the competent financial committee.

5. The petitioner thereafter submitted a further representation dated 31.07.2024 (Annexure P-6) to the respondents, asserting that despite the passage of several years since the formation of the district and repeated correspondence, no effective action has been taken for improvement of the judicial infrastructure at Anuppur. The Government of India, Ministry of Law and Justice, Department of Legal Affairs, also addressed a communication dated 18.09.2024 (Annexure P-7) to respondent No.1 requesting that appropriate action be taken in the matter and that the action taken be conveyed to the petitioner.

6. As the petitioner claims that despite the aforesaid representations and communications, the respondents have not taken appropriate steps for sanctioning the budget for construction of the proposed 14 Court Rooms in District Court building, the present petition has been filed seeking a writ of mandamus directing the respondents to take appropriate action for sanctioning the requisite budget and, alternatively, to consider and decide the petitioner's representation dated 31.07.2024.

7. Learned counsel for the petitioner submits that the present petition has been instituted in public interest and concerns the serious inadequacy of judicial infrastructure at Anuppur. It is submitted that the existing District and Sessions Court building is inadequate for the requirements of the district and is causing inconvenience to advocates, litigants and the general public. Despite the High Court's memorandum dated 03.02.2021, directing prompt action regarding the administrative and financial sanction for the proposed 14 Court Rooms building, no effective steps have been taken by the respondents.

8. It is further submitted that the District Bar Association has repeatedly approached the authorities and the respondents themselves, by communications dated 17.11.2021 and 30.05.2023, acknowledged that the proposal concerning the Anuppur District Court building has been pending for want of budget allocation. Learned counsel submits that repeated representations, including the representation dated 31.07.2024, have not resulted in any effective decision. The petitioner therefore sought directions

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