1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Ram Sahay Saini Vs. Gokul & Ors. (S. B. Civil Writ Petition No.11564/2010) S. B. Civil Writ Petition under Articles 226 & 227 of the Constitution of India. Date of Judgment: August 20, 2010 PRESENT HON'BLE MR. JUSTICE R.S. CHAUHAN Mr.Mohammed Anees, for the petitioner. BY THE COURT: This writ petition has been filed seeking a prayer that the Sub-Divisional Officer, Bassi, the respondent No.20, should be directed to decide the civil suit No.240/08(47/05) at the earliest. The grievance of the petitioner is that although he had filed the suit in the year 2005, despite the lapse of five years, the suit is yet to progress. Hence, he claims that his right to speedy trial is being violated by the Sub- Divisional Officer. Mr. Mohammed Anees, the learned counsel for the petitioner, has vehemently contended that once a suit is filed, it is the duty of the Presiding Officer to decide it at the earliest. 2 However, the order-sheets from 20th April, 2005 to 27th May, 2010 clearly show that there is negligence on the part of the Presiding Officer. Hence, this Court should direct the Presiding Officer to decide the case immediately. Heard the learned counsel for the petitioner and perused the order-sheets produced before this Court. A bare perusal of the order-sheets clearly reveals that from 2005 till 5.10.2009, the notice of defendant Nos.15 to 19 were repeatedly filed and repeatedly returned as unserved. Repeatedly chances were given to the plaintiff- petitioner to have the notice served. It is not till 15.02.2010, that finally an application was moved that the notices be sent through registered AD. Therefore, for five long years, the petitioner failed to have the notices duly served. Thus, the petitioner cannot blame the Presiding officer for being negligent in deciding the case. Hence, the petitioner cannot claim that his right of speedy trial is being violated. In this view of the matter, this petition is devoid of any merit. It is, hereby, dismissed. (R.S. CHAUHAN) J. Manoj solanki