AP High Court: Need proper state litigation policy

By S A Ishaqui

Hyderabad, May 20: The AP High Court has directed the state government to evolve a State Litigation Policy on the lines of the National  Litigation Policy announced by the Centre in 2009, within a period of six months.

Justice A. Ramalingeswara Rao was disposing of a petition by Dr J. Madhusudhan Reddy and other residents of Jubilee Hills area in the city seeking to declare that construction of more than a dwelling unit in the plots allotted by the Jubilee Hills Co-operative House Building Society Limited, as illegal.

Expressing displeasure at the apathy of government law officers in responding towards to the court and implementing its orders, the judge observed that in this case, the GHMC Commissioner exhibited lack of diligence in respect of the orders of the Court.

His conduct was not in a manner befitting his position. It is for the Chief Secretary to take stock of the situation.
The judge observed that though the Centre had formulated a Nation  Litigation Policy to reduce the cases pending in various Courts, it did not look like the state government had evolved any such policy which would have reduced the pending litigation and maintained effective representation before the Courts.

The judge directed that the GHMC Commissioner shall order a departmental enquiry to  find out the officers responsible for disobeying the order dated April 13,2004, and take necessary action against them.  

The Commissioner was also directed to review GHMC cases pending in various courts at least once in three months.

The judge directed that the Chief Secretary shall request the Advocate General to convene a meeting with him and the law secretary once a year at least and review the cases of the government and their progress in various courts in the state and concentrate on cases where the state and its institutions are set ex-parte and take necessary remedial measures. The judge directed that the CS would have to prepare a scheme for computerisation of the cases of the government and its institutions in various courts and their monitoring.