This single-judge bench, relying on a Division Bench judgment holding that writs cannot be issued for expediting civil suit hearings, dismissed the writ petition seeking a direction for speedy disposal of a civil execution application under Section 23 of U.P. Civil Courts Act, 1972.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 6025 of 2021
Petitioner :- Sarvjeet Singh Alias Azad Respondent :- Shamshad Ali Counsel for Petitioner :- Chandra Bhan Singh,Shesh Mani Pandey
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following prayer:-
"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the learned court below i.e. Prescribed Authority/Small Causes Judge, Meerut to decide the application under Section 23 Act No. 13 of 1972, P.A. Execution No. 12 of 2020 in P.A. Case No. 02 of 2018 (Shamshad Ali Vs. Sarvjeet Singh aliaas Azad) by the reasoned and speaking order within stipulated period as fixed by this Hon'ble Court (Annexure No. 1 to the writ petition)"
From the perusal of the record, it transpires that the prayer has been made for early disposal of application under Section 23 Act No. 13 of 1972, P.A. Execution No. 12 of 2020 in P.A. Case No. 02 of 2018 (Shamshad Ali Vs. Sarvjeet Singh aliaas Azad) pending before the Prescribed Authority/Small Causes Judge, Meerut.
The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereasunder:-
"We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), District-Azamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the court in a separate and preferential category whereas other cases which may be of similar or greater antiquity and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High court and would not, therefore, be in a position to have the benefit of such an order.
Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a
particular disablilty socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.
For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."
In view of the Division Bench judgment of this Court in the case of Ali Shad Usmani (supra) , this Court declines to grant the relief as prayed for.
The writ petition is dismissed.
Order Date :- 30.11.2021 Shekhar
2 issues framed by the court
Whether a writ petition under Article 227 can command a subordinate court to decide a civil application within a stipulated period.
Whether the High Court can direct the learned court below to decide the application under Section 23 Act No. 13 of 1972 by reasoned order within fixed time.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaRelied on¶8
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
Sarvjeet Singh Alias Azad
Shamshad Ali
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
