JUDGMENT 1/421/2 U;k; iz"kklu & jkT; mldh mUufr ds fy, ck/; gSa & ;g jkT; dk loksZifj drZO; Hkh gSaA The matters of petition writers, in the district Court compound and for that matter any where else in any of the Courts cannot be over emphasized. Their services rendered to a common litigant who comes to the Court seeking justice can also not be under estimated. They contribute to the redressal of grievances and help dispensation of justice. As; is evident from the return for almost four years an estimate of Rs. 55,200/- had been pending for providing certain amenities to the petitioner. Their grievances are not many. They do not ask for much. As a matter of fact administration of justice as enshrined in the Constitution is a paramount duty of the State which is an obligation which the State owes to the citizens of this country. But allocation of funds for such small matters as has been ventilated by the petitioner as is unduly delayed resulting in adversely affecting the efficiency of working and unduly delaying from dispensation of justice asking for an almirah to keep type writers in safe custody, is not too much of demand nor providing for fans in corrugated tin sheets and asking for light during the rainy season and the foggy winters is not which the State cannot provide. The pucca out let for flow of rainy water can by no means said to be unjust demand on the part of the petitioner writers. It may not be out of place to note here that the dependency of judiciary constitutes basic structure of the Constitution. Art. 50 of the Constitution provides for separation of judiciary from executive but when dependency for such small items as noted above continues for years and years till the estimates are submitted and administrative sanction accorded, leave much to be desired. The operation and allocation of budget comes as a serious inroad more so if it is not in consonance with the spirit of Art. 39 B of the Constitution. The fact that for four years the District Judge has been writing to the Executive Engineer for replacing the corrugated tin sheets or repairing the shed is itself, a sad commentary on the working system. It does not augur well with Art. 38 or 39 (a) of the Constitution.
The fact that for four years the District Judge has been writing to the Executive Engineer for replacing the corrugated tin sheets or repairing the shed is itself, a sad commentary on the working system. It does not augur well with Art. 38 or 39 (a) of the Constitution. A statutory body like Municipal Corporation who despite service of notice sitting tight over such a question of public importance like choking of chambers and blocking of water, preventing flow of water from public place like district Court speak volumes for itself. It is not a case where the petition writers alone are involved or effected. It is a matter which concerns thousands of litigant who come to the Court seeking justice and redressed of their grievances. It will bring relief not only to the petition- writers but also to the litigating public and large sagment of the society as well. Repeated requests were made by the association to the authorities, so far fallen on deaf years. For want of funds these basic necessities have not been provided although as averred in the return estimates have been submitted as back as 1988. This petition itself has been pending for almost two years although during this period some of the defects are claimed to have been removed and repairs made yet the grievance substantially remains undressed. We had deliberately waited for considerable time before passing this order to avoid the repetition of the same during the ensuing mansoon. The respondents-State is directed to see that immediate steps are taken by its servants. The other respondents to provide a pucca outlet for flowing of rain water from the open ground to the east of the petition-writers' shed to the district Court compound, Indore. Damaged corrugated tin sheets are replaced and or repaired so as to prevent trickling of water and at times of flowing of water from the roof. They are also directed to see that proper lightening is provided in the shed before setting up of mansoon and not mere estimates awaiting administrative sanction, and the respondents to submit report of compliance of this order by 22.6.92. As far other two items namely providing wall almirahs and installation of fans, the respondent- State is directed to take up the matter and provide these facilities to the petitioners in adequate measure before 31.12.92.
As far other two items namely providing wall almirahs and installation of fans, the respondent- State is directed to take up the matter and provide these facilities to the petitioners in adequate measure before 31.12.92. With these directions this petition stands finally disposed without making any order of costs for the present in the hope that the respondent-State would take up the matter in its right earnest to serve the public cause.