Andhra Pradesh High Court Urges State to Reevaluate Litigation Policies to Curb Frivolous Legal Actions

In a landmark judgment dated May 17, 2025, the Andhra Pradesh High Court, presided over by Justice Subba Reddy Satti, emphasized the pressing need for both Central and State governments to undertake a comprehensive revision of their existing litigation policies. The court highlighted the detrimental impact of unwarranted, repetitive, frivolous, and vexatious litigation, particularly when initiated by the State or its instrumentalities.

The case in question involved petitioner Valluru Siva Prasad, who challenged an order dated October 29, 2007, issued by the District Collector and Magistrate of Guntur City. This order directed the District Registrar (Registration & Stamps), Guntur, to refrain from registering property transfers in Survey Nos. 508 and 509 of Vasavi Nagar, Guntur, on the grounds that these were Wakf properties as per a Gazette Notification dated June 28, 1962.

The petitioner contended ownership over a portion of land measuring 313.3 square yards in Survey No. 508, originally part of a larger parcel purchased in 1946 by Sri Ch. Suryanarayana. He argued that a prior suit filed by the Andhra Pradesh State Wakf Board seeking recovery of this land and future profits had been dismissed by the Civil Court, which established that the concerned property was not Wakf property. This decision was upheld by the first appellate court.

Despite these judicial findings, the State Wakf Board maintained that the civil court's judgment was limited to the specific land in the suit and did not invalidate the Gazette Notification declaring the properties as Wakf land. This stance led to continued restrictions on property registrations, prompting the petitioner to seek judicial intervention.

Justice Satti, in his judgment, underscored the expectation that the State and its agencies act as model litigants, upholding ethical standards in prosecuting litigation. He observed that the State's tendency to become a compulsive litigant not only burdens private parties but also undermines its credibility as a responsible litigant. The court noted that such state-sponsored litigation compels individuals to approach the courts, thereby increasing the burden on the judiciary and eroding public trust in the legal system.

The court emphasized the necessity for the government to exercise due diligence before initiating legal proceedings, ensuring that litigation is not resorted to for the sake of litigating. It highlighted the importance of the State refraining from taking false pleas and technical points that obstruct the path of justice. The judgment called for the State to place correct facts and all relevant documents before the court, avoiding any suppression of information or attempts to mislead the judiciary.

In light of these observations, the court directed that the impugned order dated October 29, 2007, be set aside, allowing the petitioner to proceed with the registration of the property in question. The judgment serves as a critical reminder of the State's responsibility to act judiciously and ethically in legal matters, ensuring that its actions do not contribute to unnecessary litigation and that it upholds the principles of fairness and justice in its dealings with citizens.

This ruling aligns with broader judicial sentiments emphasizing the role of the State as a model litigant. The court's decision underscores the imperative for government bodies to avoid frivolous litigation, which not only strains judicial resources but also hampers the timely delivery of justice. By advocating for a revision of litigation policies, the Andhra Pradesh High Court seeks to foster a legal environment where the State's conduct in legal proceedings reflects its commitment to justice and the welfare of its citizens.