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S. SRINIVASA RAO (Retired)     12 February 2012

How to expedite hearing of my case as a sr. citizen?

 

S. Srinivasa Rao                               Jodimetla Village

Agriculture Scientist (Retd.)           Warangal Highway

C/o Ms ABV Vijaya Lakshmi             Ghatkesar Mandal 

                                                          Ranga Reddy District

21st December, 2011                         Andhra Pradesh

Respected Sir:                                  Pin Code:-500088

JUSTICE DELIVERED IS JUSTICE ELUDED

W.P. No.30687 / 10--A.P. HIGH COURT—PARTY-IN-PERSON

(SENIOR CITIZEN)

With deep pain and anguish, I am bringing to your kind notice that in the aforesaid case, verbal orders were given in the open court by Hon. Justice Shri Nooty Ramamohan Rao in my favour for the restoration of my house building site admeasuring 208 sq.yd acquired by A.P. Rajiv Swagruha Corporation Ltd without serving even a mandatory notice.  He had ordered Shri Mallesh, Tahsildar of A.P. Rajiv Swagruha Corporation Ltd in the presence of Shri J. Prabhakar, Counsel for A.P. Rajiv Swagruha Corpn.Ltd on 15-7-2011 to locate my house building plot which is still lying vacant and fix the boundaries. Accordingly, compliance to this effect was conveyed to Hon. Justice on 22-7-11.  However, to my misfortune, the Hon. Judge did not record in the ‘docket’ that the case is earmarked for ‘judgment’.

2. Before written judgment could be delivered, the case has been transferred to Hon. Justice Shri Ramesh Ranganathan who had expressed his inability to hear the case as it has been erroneously marked for “Final Arguments” although it has been listed several times stating that he is overburdened with admission cases.

3. I am 72 years old, a chronic diabetic and suffered a massive heart attack on 12th March, 2003 for which a ‘stent’ has been placed in Saroj Hospital, Rohini, Delhi. As I am now suffering from ‘angina’ pain off and on, Cardiologists have advised for a by-pass surgery.  Under these circumstances, I doubt very much whether I will get justice before I breathe my last.

4. I have purchased the above small piece of land in the year 1984 with an intention to settle in Hyderabad after my retirement from New Delhi.  In the lower court, it took nearly 10 years to decide the criminal case instituted by me against the seller and the vendor has been acquitted of the charge of selling the Govt. Assigned Land. 

5. May I, therefore, beseech you to kindly issue necessary advisory to A.P. High Court for speedy disposal of cases of Parties-in-Person, more so, when they are ailing Senior Citizens of advanced age?

With unceasing gratitude,

Sincerely yours,

S.S. Rao

E-Mail:- samsrirao@rediff.com

09390397505 (M)

Encl:-Medical History & Woes poured-out in Deccan Chronicle & Times of India

To

Hon’ble Chief Justice Shri S.H. Kapadia, Supreme Court of India, New Delhi-11001

*** I HAVE NOT RECEIVED EVEN AN ACKNOWLEDGEMENT TO THE ABOVE LETTER SENT BY REGISTERED POST. The case has now been posted in the Court No.21 of Hon. Justice Ms Rohini as Revenue matters have been assigned to her w.e.f. 18-01-2012.  On 19th Jan. 2012, myself and my wife appeared before the Hon.Justice and with folded hands prayed to indicate a short date to hear the case.  She has directed to file an "expedite petition" and the same was filed on 23rd Jan.2012.  When the case was listed as an 'interlocutory petition (S.No.35) on 10.02.2012 citing reasons as a heart patient, she has posted it on 25th April, 2012 instead of giving an early date despite my humble pleadings.  It is learnt that the High Court shall have Summer Vacation from 28-4-2012 and the case shall be dragged on endlessly and I am very much depressed and this has adversely affected my otherwise fragile health.

WILL SOME LEGAL EXPERT SHALL SUGGEST A REMEDY FOR AN EARLY HEARING OF THE CASE AS i AM DEVASTATED BY THE ADJOURNED DATE.



Learning

 3 Replies

Nandagopal Rao (Retainer)     13 February 2012

Its very simple.  You need to file an application for expediting the hearing on the group of your age, by annexing your birth certificate.

S. SRINIVASA RAO (Retired)     13 February 2012

I am sorry to state that I am not satisfied/convinced with the above reply.  My grey hair, wrinkled skin, lean and thin frame itself  shall certainly convince the Hon. Justice without lurking any doubt in her mind about the proof of my age.  When she has not gone through the case file, how one can expect that she will scrutinise/verify my date of birth certificate even when it is attached with the Petition praying for an early  hearing of the case.   

(i) I seek a clarification whether I can move the Supreme Court to direct the A.P. High Court to hear the case on account of my fragile health.

(ii) As the A.P. High Court is not showing compassion and apathetic for elderly people, whether I can seek relief from the Supreme Court to transfer my case to Chennai High Court or Karnataka High Court on humanitarian grounds as I can't get speedy justice from A.P. High Court.

shaheen (lawyer)     01 April 2012

Mr Nandagopal Rao is right, You need to file an application for expediting the hearing on the grounds of age and health. The court will have to pass an order on your application. Only in case she rejects the application or you are not satisfied with the order you can move to Supreme court. Do not wait for the next date, take the matter on board, get your latest health report from Dr and attach a copy of your senior citizen card(if you don't have one any public document reflecting your age). Wish you luck


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