A Request From Higher Court Is Expected To Be Honoured : SC Seeks Explanation From Bombay HC Registrar General About Not Listing A Case Despite Its Order

A request from a higher court is expected to be honoured, the Supreme Court remarked while seeking explanation from the Registrar General of the Bombay High Court about not listing a matter despite its request.

On 5th December 2019 , the Supreme Court disposed a case requesting the Bombay High Court to decide a writ petition within three months. Such an order was passed since the said writ petition has been pending before the High Court since 2002 and the dispute related to formation of road in Mumbai city.

Before the Apex Court, the petitioner pointed out that despite this specific order, the High Court merely adjourned the matter from time to time and lastly on 02.03.2022 the following order was passed: List the matter on 29.03.2022 for final disposal on the bottom of the Board. However, the same was not listed before the High Court on 29.03.2022.

The court noted that either the High Court has not noticed the order of this Court dated 05.12.2019 or completely ignored the same and proceed to give adjournments in routine. While issuing notice to the Registrar General, the bench comprising Justices Vineet Saran and JK Maheshwari observed:

"The order ...clearly shows the utter disrespect to the request made by this Court, in particular the period of more than 2 years and 3 months has already been elapsed since the date of the order of this Court, but the High Court has not shown any urgency in the matter.... Normally this Court is slow in interfering in such matters as the High Court is to take up and hear matters in usual course as per situations prevalent, but here is a case wherein despite the request of this Court, the Bombay High Court is not showing any urgency in the matter. A request from a higher court is expected to be honoured.", the bench observed.

The court also referred to a judgment Tirupati Balaji Developers Pvt. Ltd.  Vs State of Bihar (2004) 5 SCC 1 'to understand the relationship of the High Court and the Supreme Court'.

The case is next posted on 19th April 2022.

Case: Vyaravali Village Development Association vs Abraham Patani

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