The Court dismissed the Writ Petition filed seeking a mandatory direction to expedite the disposal of a pending Small Causes Court suit. Relying on pre-existing precedent, the Court declined to issue such directions under Article 227.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 6949 of 2021
Petitioner :- Shafiq Ahmad Respondent :- Rajesh Kumar Vishwakarma Counsel for Petitioner :- Ram Adhin,Mohd. Ahmad
Hon'ble Rohit Ranjan Agarwal,J.
"(i) a suitable order or direction in the nature of mandamus directing and commanding Prescribed Authority/Judge Small Causes Court, Allahabad (Shafiq Ahmad Vs. Rajesh Kumar Vishwakarma) in P.A. Case No.5 of 2017 at the earliest or within reasonable period this Hon'ble Court may stipulate in this regard."
"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 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.
For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."
Order Date :- 29.11.2021//SK Goswami
3 issues framed by the court
Whether the Court can issue a mandamus direction to expedite the disposal of a pending civil suit.
Whether a Writ Petition under Article 227 can be used to direct the expeditious hearing of a suit.
Whether the High Court should entertain a petition for early disposal of a civil suit pending in a sub-ordinate court.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaFollowed¶8
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
Shafiq Ahmad
Rajesh Kumar Vishwakarma
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
