Excelsior Correspondent
Srinagar, July 14: High Court took serious note on filing of unnecessary litigation and observed this practice should be weeded out so that the precious time of courts and genuine litigants would get justice.
These observations were passed by Justice Sanjeev Kumar while dealing with a matter pertaining to interse dispute between the parties on partition of their property. Justice Kumar observed that the courts should not be hypersensitive in discharge of their functions, but that does not mean and imply that they should become mute spectators to the attempts made by the unscrupulous litigants, who approach the courts only, with a view to abusing the process of law.
“It is, thus, the duty of the courts to ensure that frivolous and vexatious litigation is weeded out at its outset, so that it does not come in the way of a genuine litigant seeking justice from what they treat as ‘Temple of Justice’. This would protect the precious public and judicial time. The instant petition is one such litigation”, court observed.
The court while dealing with the instant case said there is no effective order passed by the Deputy Commissioner, Kargil, nor any proceedings adverse to the interest of the petitioners have taken place and if, at any stage, they are aggrieved of some order, interim or final, passed by the Deputy Commissioner, Kargil, they are entitled to file an appeal or revision before the Competent Authority.
“The Constitutional Court cannot be approached on the slightest provocation, more so, when equally efficacious alternative statutory remedies are provided in the statute. The process of law cannot be permitted to be abused by a litigant only for the reason that he has financial resources to straightway approach the Court bypassing all the statutory remedies available to him”, Justice Kumar recorded.
Court while holding the instant litigation as meritless said that it is not the case of the petitioners that they were not the parties before the Deputy Commissioner, Kargil or that any order adverse to their interest has been passed by the Deputy Commissioner, Kargil without affording them an opportunity of being heard.
“The instant writ petition was filed on 31.05.2023. The petitioners have even succeeded to persuade this court to pass an interim order of stay of the proceedings pending before the Deputy Commissioner, Kargil and, thus, achieved the purpose for which instant petition was filed”, reads the judgment.
Court added that despite the fact that after hearing for some time the Senior Counsel appearing for the petitioners was made aware about the extent of frivolity contained in the writ petition, yet he persisted that he should be heard in the matter.
The matter court said, which ought to have been concluded in five to ten minutes, was argued by the Senior Counsel appearing for the petitioners for almost one hour, thereby wasting the precious time of this Court. For so doing, the petitioners cannot be allowed to go scot-free.
“Small and non-existent issues, enlarged with a zeal to protract the litigation and avoid unsavoury results as also to drag the opposite party in false and frivolous litigation causes sheer waste of court’s valuable time” court said adding with “Such frivolous litigation cannot be simply ignored as it does not come without consequences of harassing parties, abusing the process of law, stealing valuable court’s time and unjust deviation of Court concern from pending litigation. There is no denying the fact that Indian litigation system though most efficient is commonly battling the image of “delay” which has far reaching consequences in the time of globalization and make in India”.
Court has imposed exemplary costs of Rs 50000 on the petitioner as their petition was found to be totally frivolous and vexatious and directed the Deputy Commissioner (Collector), Kargil, to proceed in the matter in accordance with the Land Revenue Act and the partition Rules framed thereunder.
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