Yes, you can file a writ petition in the High Court under Article 226 of the Constitution for expeditious disposal, as the right to a speedy trial is a fundamental right under Article 21. For the Senior Citizens Act proceedings, the High Court can direct the Maintenance Tribunal to decide your mother's eviction application within a strict timeframe, as the Act is a beneficial legislation meant for urgent relief. For the criminal case, since it has been pending for five years, you can file a petition under Section 528 of the BNSS (formerly Section 482 CrPC) seeking a direction to the trial court to conclude the trial expeditiously. The Supreme Court has held that prolonged and unexplained delay violates the right to a speedy trial. You can also seek a direction to the trial court to conduct the trial on a day-to-day basis. Given your mother's health conditions, the High Court is likely to prioritize the matter. You should file a single writ petition seeking directions for both the Senior Citizens Act proceedings and the criminal case to be expedited, supported by medical documents and the pending status of the cases.

It is not clear whether the house was owned by your father, whether it was his self-acquired asset. You have mentioned that it was occupied by your late father. As for the sale of the agricultural land, your mother and you need to file a suit for setting aside the sale and for partition of the property, at the proper court by engaging and in consultation with a competent lawyer. A Writ may be filed at the High Court for appropriate directions to the lower court to expedite matters.

Yes, a petition before the High Court may be maintainable, but the relief should ordinarily be framed as a request for expeditious disposal of the pending proceedings, rather than asking the High Court to create a “fast-track court.”

Since the criminal case has remained pending for about five years and has apparently progressed only to the document-verification stage, the High Court can, depending on the circumstances, be approached for a direction to the trial court to proceed with the matter expeditiously and conclude it within a reasonable time. The court will normally avoid fixing an unrealistic deadline, particularly where evidence or documents are still to be examined.

The Senior Citizens Act proceedings are a separate issue. If the proceedings before the RDO/RDPO have remained pending despite repeated hearings, the High Court can also be approached regarding the continued administrative delay, seeking a direction for the authority to take a decision in accordance with law within a reasonable period. The exact remedy will depend upon the present status and the nature of the orders already passed.

There is also an important distinction between speeding up the existing proceedings and obtaining relief regarding the house or agricultural land. A writ petition for expeditious disposal will not, by itself, decide ownership of the property or establish that the NOC was forged. Those issues may require appropriate proceedings before the competent forum.

For a High Court petition, the previous complaints, RDO/RDPO hearing notices and orders, present status of the criminal case, FIR/charge-sheet and the relevant land-registration documents would be particularly important.

The High Court will be asked to direct the RDO to pass a final order within a strict, time-bound period (typically 30 to 45 days).

2)Under Section 23 of the Senior Citizens Act, the RDO has the power to declare the transfer of property void if the child refuses to provide basic amenities and physical needs. The High Court can mandate the RDO to finally exercise its powers to restore your mother's right to live in your father's self-occupied house.

It is possible and legally viable to file a Writ Petition before the High Court seeking directions for a time-bound trial and speedy disposal of both matters.

Under Article 226 of the Constitution of India, the High Court has extraordinary jurisdiction to issue writs (such as a Writ of Mandamus) directing lower tribunals and courts to perform their statutory duties without undue delay. The right to a speedy trial and prompt administrative relief, especially for vulnerable individuals, is recognized as a fundamental right under Article 21 (Right to Life and Personal Liberty).

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Maintenance Tribunals (RDO) are required to dispose of applications within 90 days from the date of service of notice. Sitting on the case for years with inconclusive hearings is a clear breach of statutory provisions.

Section 23 of the Senior Citizens Act also empowers the tribunal to declare property transfers void if they were made without providing basic amenities and physical needs to the senior citizen.

You can also submit a formal written representation highlighting your mother's health condition directly to the District Collector (who is the Appellate Tribunal under the Senior Citizens Act) requesting direct intervention regarding the RDO’s inaction.

Based on the facts stated by you, you can approach the High Court seeking expeditious and time-bound disposal of the criminal case, particularly since the case has remained pending for about five years and has apparently progressed only up to the stage of document verification. The appropriate relief would generally be a direction to the concerned Trial Court to dispose of the case within a stipulated or reasonable period, rather than asking the High Court to itself conduct the trial or automatically transfer it to a “fast-track court.”

A petition under the appropriate constitutional jurisdiction of the High Court can be considered by placing on record the FIR/charge-sheet, case number, order sheets for the last several years and the dates on which the matter was adjourned. The fact that the case concerns an allegation of forged documents used to transfer agricultural property, coupled with the prolonged pendency, can be specifically brought to the High Court's notice. The High Court may, depending upon the circumstances, direct the Trial Court to proceed expeditiously and avoid unnecessary adjournments.

The proceedings concerning your mother's residence and protection under the Senior Citizens Act should also be pursued separately. The pendency of the criminal case does not prevent you from seeking appropriate relief regarding your mother's residence, maintenance and protection, particularly considering her age and medical circumstances. The three previous hearings before the concerned authority and the absence of a final decision should be properly documented.

For the alleged forged NOC and transfer of your father's agricultural land, the civil/title aspect should also be examined independently. A criminal prosecution for forgery does not by itself automatically cancel or reverse a registered transfer. Depending upon the documents and the present revenue/registration status, an appropriate civil or revenue proceeding may be necessary to challenge the transfer and protect your mother's property rights.

Therefore, I would recommend examining the complete criminal case file, latest order sheet, Senior Citizens Act proceedings and the documents relating to the alleged forged NOC and land transfer before deciding the precise High Court remedy. If the principal grievance is the five-year delay, an application/petition seeking expeditious disposal within a fixed timeframe would be the more appropriate approach than simply asking for a “fast-track court.”

Dear Client, 

Yes, writ petition maybe the way out. The High Court is not empowered to form a fast track court for one case; however, under Articles 226/227 and Section 528 BNS, it can order the Magistrate to conduct the case (Sections 420, 468, 471 IPC, which applies to offences in 2020-21), in daily sessions and dispose of it in a fixed period. The reason would be right to speedy trial under Article 21 and right to prompt trial, as certified order sheets will prove that delay has not been caused by us. In case of inaction on part of RDO, we can approach the Court for writ of mandamus, as Section 5 of Senior Citizen's Act 2007 mandates disposal of cases within 90 days, which can be extended for 30 more days. Your mother must be the petitioner in the case, and her age and ailments must be mentioned in the affidavit along with a prayer for early listing. Writ will not determine the ownership, hence a civil suit for declaration, partition, cancellation of forged mutation and injunction must also be filed, as all of you being Class I heirs under the Hindu Succession Act (assuming your father was Hindu and died intestate), and challenge the mutation, keeping limitation in view.

I hope this answer helps, if you have any further queries please do not hesitate to contact us.

Yes you can file WP for speedy hearing and decision to be done time bound

Dear Querist,

if the charge sheet has been filed by the police and the matter is pending before the Munsif Court than file a writ petition before the concerned High Court under Article 226 of The Constitution of India for speedy trial and the Hon'ble High Court may pass a direction for speedy trial and decide the case within a specific timeline which may be one year or may be six months as the court may think fit.