Dismissed

Shafiq Ahmad v. Gopal Das Yadav and 4 Others

Allahabad HC29 Nov 2021A227/6923/2021

Case brief

AI extract

What is this about?

This court dismissed a writ petition under Article 227 seeking mandatory directions to expedite the disposal of a pending civil suit. Relying on a Division Bench precedent, the court refused to issue such directions, emphasizing that the determination of urgency lies with the trial court and that high court interference undermines equitable administration.

What did the court decide?

Prayer for mandatory direction to expedite the hearing of P.A. Case No.06 of 2016 was not granted.

Shafiq Ahmad Vs Gopal Das Yadav and 4 Others — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 6923 of 2021 Petitioner :- Shafiq Ahmad Respondent :- Gopal Das Yadav And 4 Others Counsel for Petitioner :- Ram Adhin,Mohd. Ahmad

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Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed with the following prayer:-

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"(i) a suitable order or direction in the nature of mandamus directing and commanding the Prescribed Authority/Judge Small Causes Court, Allahabad (Shafiq Ahmad Vs. Gopal Das Yadav (since deceased) Shekhar Yadav and others) in P.A. Case No.06 of 2017 at the earliest or within reasonable period this Hon'ble Court may stipulate in this regard."

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From the perusal of the record, it transpires that the petitioner has prayed for early disposal of P.A. Case No.06 of 2016 pending before the Court of Small Causes Court, Allahabad.

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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:-

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"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.

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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 socioeconomic 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.

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For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."

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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.

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The writ petitions is dismissed .

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Order Date :- 29.11.2021 SK Goswami

Shafiq Ahmad v. Gopal Das Yadav and 4 Others

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Shafiq Ahmad v. Gopal Das Yadav and 4 Others

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