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Anjuru Chandra Sekhar (Advocate )     26 April 2012

What is the legal way of getting our case admitted in hc

My father filed a Writ petition in Andhra Pradesh High Court in the month of September 2011.  It was listed for hearing on 28-9-2011 but because our Advocate had fever he could not attend the court on that date following which the judge passed one line order "Though the matter is listed high up in the list in the first page (as item No.3 in the ‘admission’ category), none appears for the petitioner.  Counsel for the petitioner is not present.  The Writ Petition is dismissed for default.  No costs.

 

We filed restoration petition pleading that it is not the fault of the petitioner but of the helplessness of the Advocate representing petitioner who was suffering from illness hence the petition may be restored on file and be admitted.  Since then the restoration petition is pending till date.  The writ petition is about delay by government in implementing the order of Tribunal given in favor of my father in his service matter.  It is already delayed by the time Tribunal gave the order because of the lapse of various institutions.  Now the HC is also delaying without admitting the writ petition even after 6 months after we filed restoration petition.

 

In these circumstances is there any legal way of bringing the urgency of matter to the notice of High Court and pray for expediting the case?  This is because the WP is number 26815 of 2011 and now the series of numbers allotted in 2012 are being admitted while ignoring 26815 of 2011.  We feel this is administrative lapse happening without the notice of judges.  If yes, then can we bring it to the notice of HC through any instrument of application?



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