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Best Practices of the High Court of Judicature at Hyderabad

For the State of Telangana and State of Andhra Pradesh

The following are the best practices adopted in this Hon’ble High
Court:
The Hon’ble Judges of the Arrears Committee and the Hon’ble
the Acting Chief Justice have been monitoring the institutions,
pendency and disposal of cases and giving guidelines from time to
time for reduction of pendency. The following are some of the salient
features of the guidelines:
High Court:
Identification and listing of;
i) cases which can be grouped as batch cases;
ii) cases (filed under Article 226 of the Constitution of India)
relating to service matters involving suspension,
transfers, etc.;
iii) Appeal Suits and City Civil Court Appeals (filed under
Section 96 of Civil Procedure Code) and Second Appeals
against decree / dismissal of money suits, mortgage suits
and those wherein concurrent findings are recorded in
both the Courts below.
iv) Criminal Petitions (filed under Section 482 of the Code of
Criminal Procedure) pending for two years wherein
criminal proceedings are sought to be quashed and stay
has not been granted;
v) Civil Revision Petitions (filed under Article 227 of the
Constitution of India and other special Acts) pending for
two years wherein stay has not been granted;
vi) Grouping of cases where the issues for consideration are,
more or less, common such as (a) Land Acquisition
Appeals arising out of the same award, (b) Tax matters
where similar questions of law arise for consideration,
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(c) Writ Petitions wherein vires of the same statutory

provision is under challenge, etc.
vii) Cases capable of mediation / settlement before the Lok
Adalat such as (a) matrimonial matters, (b) compoundable
criminal cases, (c) Appeals under the Motor Vehicles Act
with potential for reference to mediation / Lok Adalat.
viii) Oldest ten cases, on the board of each Hon’ble Judge, to
be listed under the caption “Old cases”.
ix) Notice is placed in the official High Court Website and
also in the Cause List uploaded in the Website requesting
the Advocates to furnish lists of infructuous and covered
cases not requiring any arguments, after notice to the
counsel for the other side, to list them before the
respective Hon’ble Courts.
x) The Hon’ble Judges of the Arrears Committee formed a
sub-committee to discuss with the Advocates-General and
the learned Government Pleaders and the Public
Prosecutor of both the States to impress upon them to
identify covered matters, batch matters, matters involving
small points which do not require lengthy arguments, etc.
xi) As part of digitization, the High Court is using scanning
project for the e-Court (paper less Court).
xii) On 17.7.2016, first Paperless Court in the High Court of
Judicature at Hyderabad is established.
xiii) With respect to use of technology, in both the States of
Andhra Pradesh and Telangana, the jails and the courts
have been connected with video conference facility. Steps
are under way to extend the use of technology with
respect to similar utilities such as recording of evidence.

Subordinate Courts:
The Hon’ble Judges of the Arrears Committee have been holding
meeting every month and monitoring the institution, pendency and
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disposal of cases in the Subordinate Courts and giving guidelines from

time to time. Following are some of the salient features of the
guidelines:

1. The High Court has decided to review the work performance of

the Officers every month so as to enhance the work performance
of the Officer on Quantitative side.
2. In order to give impetus to the disposals by the Judicial Officers,
High Court fixed norms for disposal by each cadre of Judicial
Officers. High Court is also awarding Grades to the Judicial
Officers depending upon the satisfaction of norms fixed.
3. The grade ‘very good’ will be awarded to the Officers who
disposed of more than twice the norms fixed and the Officer
whose out turn of work is above the one and half times and
upto the twice the norms fixed the grade “Good” will be
awarded. Where the out turn is between the norms fixed and
one and half times of the norms fixed, the graced “Satisfactory”
will be awarded. Where the outrun of work is less than the
norms fixed but not less than the half, the grade “Average” will
be awarded. Where the out turn of work is less than half the
prescribed norms, the grade “Poor” will be award.
4. Circular instructions are issued in February, 2016 revising the
unit rate from 1.5 to 2.00 for disposal of the suits relating to
declaration of title, partition (preliminary decree) and suits for
specific performance, filed upto the year 2004.
5. Circular instructions are issued in July, 2013 to the effect that
if a Judicial Officer who preside over CBI and ACB courts does
not dispose at least 4 Assets cases and 2 Fraud or
Misappropriation cases during the period of six months, the out
turn of work of the Officer will not be assessed as ‘Good’ or ‘Very
Good’ irrespective of the number of Units otherwise secured,
unless there are some exceptional reasons beyond the control of
the Officer.
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6. Instructions have been issued to all the Presiding Officers

dealing with petty cases, especially the challan cases, in
Metropolitan cities and towns to give limited opportunities to
the police to secure presence of the accused strictly in
accordance with law. In case the police machinery fails to
secure presence of the accused the Magistrate may, except for
reasons to be recorded otherwise, in suitable mattes, stop the
proceedings relying on provisions such as Section 258 of the
CrPC.
7. Circular instructions have been issued to the Subordinate
Courts in both the States to coordinate with the Secretaries of
the District Legal Services Authorities in the District and to
identify cases for settlement before Lok Adalat in respect of all
compoundable criminal cases and in civil disputes where there
is an element of settlement.
8. Unit rate is enhanced from 0.25 to 0.75 so as to increase the
disposal of cases through Mediation.
9. Periodical Conferences are being held at the District level for
reviewing the disposal of cases and for removing the
bottlenecks, if any, identified.
10.Regular inspection of Subordinate Courts by the District Judge
and inspection of District Courts by the High Court.
11.Instructions facilitating the Unit Heads to transfer cases from
Courts of heavy pendency to Courts of low pendency,
maintaining the equilibrium with no inconvenience to litigant
public.
12.Changing the jurisdictions of various Courts considering the
plight of the litigant public making room for quick disposal of
cases.

Best Practices adopted to achieve the target 5 + Zero

1. On the recommendation of the Hon’ble Judges of the Arrears
Committee, the Hon’ble the Acting Chief Justice has
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constituted an Arrears Committee at the District level also to

closely monitor the performance and to motivate the Officers
from time to time to achieve the target 5 + 0 as directed by the
Hon’ble Supreme Court. Accordingly, in all the units, Arrears
Committee are constituted to monitor the disposal of old cases
at micro level and to submit progress report before 10th of every
month to the High Court.
2. All the Judicial Officers are directed to identify 100 oldest cases
and they shall have to dispose of minimum 30 cases in a period
of six months. They shall have to dispose of 5 oldest cases
from out of longest 20 cases invariably. If the Officers fail to
comply with above targets, they will be awarded the grade
“Poor” even if they acquire requisite units prescribed.
3. The High Court enhanced the unit rate from 1.50 to 2.00 for
contested disposal of suits filed upto the year 2004.
4. Circular instructions are issued in July, 2017, enhancing the
unit rate by 1/4th per case for disposal of pre-2012 cases while
reducing unit rate by 1/4th per case for disposal of post-2012
cases.
5. Circular instructions are issued in July, 2017 creating separate
head for Family Court matters and fixing different units.
6. The High Court has fixed 31.3.2018 as the cut-off date for
reducing pendency of five year old cases to zero to all the Courts
in both the States including Special Courts and Tribunals.

Case Flow Management in Subordinate Courts:

1. Rules in Chapter VI of the Civil Rules of Practice and Circular

Orders to the Subordinate Courts ordain that the court shall
obtain the required information from the Advocates or parties to
enable it to estimate the probable length of the hearing and then
post in the hearing book to particular dates and preparation of
Special List of ready cases.
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2. Chapter XXI is inserted in the Civil Rules of Practice and

Circular Orders, by official gazette notification dated 15.6.2016,
incorporating “Case Flow management in Subordinate Court
Rules, 2012”. These Rules provide for categorization of suits
and other proceedings into Track-I, Track-II, Track-III and
Track-IV. The Presiding Officer shall endeavor to dispose of the
cases in Track-I within 9 months, the cases in Track-II within
12 months and the cases in Track-III and Track-IV within 24
months from the date of appearance or deemed appearance of
defendant-respondent, in the proceedings. These Rules provide
for time lines for different stages of the proceedings.
3. Circular instructions have also been issued to the Subordinate
Courts in both the States with respect to Case Flow
Management in listing cases in Cause List I and Cause List II.

Best Practices in respect of under-trial prisoners:

a) Steps are being taken for holding courts by the
Magistrates in jails for disposal of petty cases involving
under-trial prisoners.
b) Specific instructions have been given to all the criminal
courts for disposal of cases of under-trial prisoners on
priority basis and the disposal of such cases is being
monitored by the High Court, quarterly and suitable
instructions are being given.
High Court Circular ROC No.4485/OP Cell/E 2016
dated 28.9.2016 and High Court Circular ROC
No.5682/OP Cell/E 2016, dated 28.11.2016.

c) Coordination Committees at District Level with the

District Judge, District Collector, Superintendent of
Police and the Superintendent of Jails for monitoring
and reporting about the issues relating to criminal
justice system, particularly to cases of under-trial
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prisoners focusing on the following six points and to

submit progress report thereon every month.

Progress in disposal of all criminal cases

particularly cases in which UTPs are involved.
Non-Production of UTPs from various Jails.
NBWs pending in all criminal courts and non-
execution of NBWs in cases pending for more
than one year.
Prompt production of witnesses and accused in
criminal cases.
Attendance of Investigating Officers before the
Courts.
Progress and follow up action on the decisions
taken in the earlier meetings.

d) The Judicial Officers are advised to consider the use of

plea bargaining procedure contemplated under Chapter
XXI A of Cr PC or the provisions of Probation of
Offenders Act.

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