Appeal to Central Government of India - Make 4 benches of Supreme Court
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Prime Minister’s Office,
Sub: Make 4 benches of Supreme Court of India so that every appeal that reaches the Supreme Court is admitted and heard in the interest of justice or make an amendment to the Constitution of India thereby allowing the large sections of private litigants to disown their citizenship of this country who are aggrieved by the Supreme Court of India’s denial to hear at length their appeals at admission stage itself - Reg.
I, Giridhar Laddipally, S/o.Smt.L.Arunamma; have preferred to write to you on this platform after getting vexed with myattempts to get our family’s grievance to your notice for almost an year which is again after undergoing untold miseries seeking relief through the heartless corridors of the Judiciary of this Nation. I would like to mention here that our family is not alone in facing such a clueless situation due to the merciless administration of injustice by the Apex Court of this Nation while handling the life and death issues of the hapless people of this country. I will briefly put before you the series of incidents which forced me to take this step and write to you here on this platform.
I submit that my mother has alone raised my brother and myself along with our 3 step sisters (born to my father through his first wife) with great hardships after my father had expired in 1968. Our familycomes from a socially backward community belonging to BC-B Sl no 4 caste and even economically downtrodden.My mother has undergone all the hardships in life losing her husband at a very young age and left with no other option but to fight it out with the brothers of my father after his death to protect the only piece of property belonging to my late fatherwhich shall lawfully devolve to my mother and her children. It is to state that the brothers of my late father have made all possible evil attempts to swindle away the one and only property self-acquired by my late father during his lifetime and left behind by him after his demise. My mother had no other alternative but to seek legal redressal for the protection of her lawful rights in the said property.
My father, Late L.Balasivudu and Sri L.Sudershan and Sri L.Jagath Das are brothers, my father being the eldest brother among them. My mother is second wife of my father. His first wife was one Smt.Premalatha who had expired in 1965 after giving birth to three daughters and my mother’s marriage with my father was performed in 1966. Since my mother was second wife to my father, at the time of her marriage, elders asked my father to make a provision for my mother and he had stated that he would construct a house on a plot of land standing in his name for my mother but he could not do so in his lifetime. After the death of my father, one Sri Narayanaswamy had constructed the house with the monies of my late father. Sri Narayanaswamy is none other than Brother-in-law of my late father and his brothers. Thus while the ancestral rights over the said house absolutely and jointly devolved to my mother and her children including me, my late father’s brothers started making attempts to illegally occupy the said house by necking out my mother and her childrenfrom the said house. They had filed a partition suit vide O.S.No.92/1983 before the Addl. Chief Judge, City Civil Court, Hyderabad coming up with all false and concocted facts and my mother had to contest the same to protect the said house from their evil design of illegally grabbing it. Subsequently, my mother had filed a suit for recovery of possession of the said house vide O.S.No.49/1984 before the Addl. Chief Judge, City Civil Court, Hyderabad. The Trial Court had clubbed both the suits together and had delivered a common judgment dated 27-03-1986 partly decreeing both the suits with effect that my mother is entitled to 1/7th share in the said house and me and my brother and my three step sisters entitled to 1/7th share each respectively and alsothe mother of my late father, i.e. my grandmother, Smt.L.Venkatamma entitled to 1/7th share for herself and rejected the claim of the brothers of my late father denying any share in the said house to both of them.
Aggrieved by the Judgment of the learned Trial Court, my father’s brothers and their mother preferred an Appeal before the Hon’ble High Court of Andhra Pradesh vide C.C.C.A. No.79/1993 which was allowed by the Hon’ble High Court declaring that the suit schedule property is a joint family property and is not self-acquired property of my father and thereby decreed the partition of suit schedule house making both brothers of my father and their mother entitled to 1/4th share each respectively and the remaining 1/4th share jointly to my mother, my brother and myself and my three step sisters.
Aggrieved by the said Judgment of the Hon’ble High Court of Andhra Pradesh, my mother preferred a Special Leave Petition (Civil) No.CC 9303/2005 before the Hon’ble Supreme Court of India elaborating the grounds on which the Judgment given by the Hon’ble High Court of Andhra Pradesh will not stand the test of law and sought special leave to appeal under Art. 136 of the Constitution of India against the final order dated 22-12-2004 of the Hon’ble High Court of Andhra Pradesh in its City Civil Court Appeal No.79/1993. But to our utter shock and surprise, the Special Leave Petition (Civil) No.CC 9303/2005 was dismissed in the admission stage itself without even giving an opportunity to be heard.
By this time, my mother has become old in age and I have taken all the family responsibilities along with the responsibility of regularly pursuing this case. In these circumstances, our family was left helpless and with our finances having touched the bottom most level and not being able to fend our own basic needs and necessities, I am unable to even answer my mother who has pursued this litigation right from my childhood as to why she has lost the case inspite of the fact that the suit schedule property was in the name of her husband, i.e. my father and the permission for the construction of the suit schedule house was in my mother’s name which clearly go to show that the title and ownership rights in the suit schedule property absolutely devolve to my mother and her children ancestrally.
Further we were unable to go ahead and file a Review Petition against the dismissal of Special Leave Petition as advised by few of our well-wishers as our family is not at all in a position to bear the expenditure to pursue the same and further it is pertinent to mention here that we have lost the hope that we would get justice in our country’s judicial system as the Hon’ble Apex Court of our country and the Hon’ble High Court of Andhra Pradesh have totally disheartened us by delivering most hollow judgments though the evidence, question of law and fact were fully towards our favour.
In these circumstances, we had reached a status of total saturation where we were unable to believe that we will get any justice from the present judiciary setup. At this juncture with frustration and with no trust and confidence in the Judiciary system, I made efforts and wrote to the Prime Minister’s Office and Ministry of External Affairs in my mother’s name by letter dated 28-04-2017 clearly eliciting our family’s plight vide courier and fax seeking permission to disown our citizenship of this country but there was no response whatsoever. Subsequently, I sent the same representation through an Android App - “Write to Modi” on 09-05-2017 upon which I had received a confirmation message immediately on my mobile phone that the same has been registered vide Registration Number : PMOPG/E/2017/0271986 and was further advised to log on to www.http://pgportal.gov.in for any further details. Then on 13-05-2017, we have received a letter from the Prime Minister’s Office vide PMO ID No. PMOPG/D/2017/0213184 acknowledging the receipt of the above mentioned representation. Subsequently, we received a letter vide Registration No. PMOPG/E/2017/0271986 dated 11-05-2017 stating that our grievance has been forwarded to Government of Andhra Pradesh to be dealt by the Officer, Sri D.Ramakrishna, Asst Secretary Govt of AP. And further we received another letter vide Registration No. PMOPG/D/2017/0222384 dated 15-05-2017 stating that our grievance has been forwarded to Government of Telangana to be dealt by the Officer, Smt.V.Padma, DySecy, GAD. Later, we have received anOffice Memorandum vide No. L – 15012/28/2017-Jus-l dated 06-06-2017 from the Ministry of Law and Justice, Department of Justice, Government of Indiawhich goes to show that our representation along with two other such representations made by other persons was directed to be forwarded to Member Secretary, National Legal Services Authority, New Delhi for action as appropriate whereas the National Legal Services Authority had no authority and jurisdiction to receive and handle our representation made to the Prime Minister’s Office. Subsequently, a copy of letter vide Dy No. 1802/LA/2017/NALSA/1246 dated 20-06-2017 was sent to us which informed us that our representation was forwarded to Supreme Court Legal Services Committee through email dated 20.06.2017 for taking appropriate action as per the Legal Services Authority Act and relevant rules. Later we have received a letter vide Ref No.F4/(31)/6031/SCLSC/2017/Telangana/6911 dated 11-07-2017 which I would say is totally misleading as the same conveyed that our original representation was made seeking legal services to file Review before the Hon’ble Supreme Court which is absolutely false as our Representation dated 28-04-2017 was pretty clear in its intent and made it absolutely clear in the subject column itself that we were seeking permission to disown our citizenship of this country. The above said letter dated 11-07-2017 further stated that our application dated 28.04.2017 is defective as we had not sent certain documents which are essential in preparing and filing the effective petition and further advised us to send the complete documents or to contact High Court Legal Services Committee and provided the address of the same. Subsequently on 20-07-2017, we have sent an email to Supreme Court Legal Services Committee (firstname.lastname@example.org) requesting to let us know the status of our file to which we have received a reply mail from email@example.com 23-08-2017 just stating that “your communication has been registered vide Registration No. PMOPG/E/2017/0464528. Please logon to http://pgportal .gov.in/ for any further details. Please quote the same in your future correspondence.” We got vexed by these correspondence which was no way related to what we had originally sought from the Prime Minister’s Office and have made another representation to the Prime Minister’s Office dated 23-08-2017 requesting to kindly consider my original representation dated 28-04-2017 in its true sense and put a full stop to our miseries at the earliest. Later, we have received a letter vide PMOPG/E/2017/0464528 dated 30-08-2017 from the Department of Justice, Government of India stating current status of our grievance as “CASE CLOSED”. Subsequently we have received a copy of an email dated 30-08-2017 from Department of Justice which was being sent to Member Secretary, National Legal Servicers Authority and also received a copy of another email dated 30-08-2017 from National Legal Services Authority by Supreme Court Legal Services Committee was asked to apprise the Action Taken Report upon our representation. Later, we have received a copy of letter vide No. A-60011/292017-LAP(JUS)-1865 dated 31-08-2017 from the Ministry of Law & Justice, Department of Justice, Government of India which was again sent to the Member Secretary, National Legal Services Authority, New Delhi mentioning our grievance vide Registration N0. PMOPG/E/2017/0464528 dated 23-08-2017 as subject. Subsequently, we have received a copy of letter vide Dy No. 3655/LA/2017/NALSA/2562 dated 05-09-2017 from National Legal Services Authority which was sent to the Department of Justice, Ministry of Law & Justice, Government of India stating that our representation had already reached their office and was forwarded to Supreme Court Legal Services Committee for taking appropriate action. Finally on 30-10-2017, we sent an email to the Supreme Court Legal Services Committee (firstname.lastname@example.org) stating that we could not submit any original documents to them as the same were lying in the file at Supreme Court as they were already filed in the Supreme Court at the time of filing SLP.
In the series of official correspondence seen above, it absolutely clear that our representation dated 28-04-2017 and representation dated 23-08-2017 were brutally made fun of by the Government bodies as they have utterly failed to basically understand the relief being sought by us through our representations and had conveniently attempted to pass on the burden to another department or office from them for which our government offices are so notoriously known around the world.
It might appear like I am attempting to make a mountain out of molehill but the fact remains that I am not alone in our country who has undergone such untold miseries pursuing litigation in the court corridors for so many years and finally facing an abrupt dead end when the litigation reaches the apex court of this country and the case is dismissed right at the stage of admission without even giving an opportunity to be heard to the people like me who would have already spent sizeable amounts of money keeping their own and their family members’ lives at stake only with a hope of getting justice from the apex court. This system of dismissing the cases which would have already travelled the long distance from trial courts to the high courts right at the stage of admission is atrocious and barbarous in nature. If the scholars from the Judiciary come up with a reason that it would be a waste of precious time of the Supreme Court to hear each and every appellate matter that comes before it at length, then it is ideal if three or four benches of Supreme Court are established at various parts of the country so that it would become easier to hear and consider every appellate matter that comes before the apex court as it is the last resort for the litigants and there is no more scope to appeal after the Supreme Court’s final verdict.
The most paining aspect is when a trial court passes a judgment after carefully considering the evidences and pleadings filed before it and the appellate courts reverse the said judgment and the aggrieved party knocks the Supreme Court’s door for justice, the Supreme Court closes its doors on the face of the person approaching it without even admitting the appeal and hearing at length the grounds of appeal by the Appellant.
Now after going through all this turmoil in the hands of the Judiciary and the Government of India, I am left with no other alternative but to approach a public forum where I can reach out to the people across the country facing similar plight and empathize with them mutually thereby knocking the doors of the Government of India demanding to make 4 benches of Supreme Court of India so that every appeal that reaches the Supreme Court is admitted and heard in the interest of justice. Further, if this is not acceptable to the Government of India, make a constitutional amendment thereby allowing the people like us to disown our citizenship of this country and send us to any other country where we would have our grievances resolved by the government machinery and where we can lead a peaceful life.
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