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.
Advise for immediate justice to senior justice
I am Madhavilatha, a married and working woman. My father passed away due to COVID-19 in 2020. Just 10 days after his death, my only brother forced my mother out of my father's self-occupied house. Ever since then, my mother, who is a cancer survivor and a diabetic patient, has been staying at my house, as she requires regular medical care. Regarding this matter, we have complained to the RDO several times under the Senior Citizens Act. The RDPO called both parties for hearings on three occasions, but justice has not yet been served. A few months later, my brother transferred two acres of my father's agricultural land into his name by submitting a forged No Objection Certificate (NOC) bearing my mother's forged signature at the MRO office for registration, after lying in the village about the matter. We struggled a lot to get a case registered against him. The police eventually filed a criminal case under Sections 420, 468, and 471 of the IPC in the Munsif Court. However, even after five years, the case has only reached the document verification stage. my question is, can it possible writ petition in high court for any fast track court, for early justice
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3 Answers
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.
