Disposed

Sakar Gramoudyog Seva Sansthan v. State of U.P. and 2 Others

Allahabad HC8 Dec 2023A227/12564/2023

Case brief

AI extract

What is this about?

In this petition under Article 227, the High Court directed the concerned subordinate court to decide a pending ad-interim stay application within six months, referencing a High Court Circular issued on 16.8.2017 mandating time-bound disposal of such applications.

What did the court decide?

Direction to the concerned court to decide the pending ad-interim stay application strictly in accordance with the High Court Circular dated 16.8.2017 (six months' time limit).

Sakar Gramoudyog Seva Sansthan Vs State of… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:233454

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 12564 of 2023

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Petitioner :- Sakar Gramoudyog Seva Sansthan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner/petitioners and perused the record.

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The only prayer made by the petitioner in the present petition to direct the Court below to decide the ad-interim sty application filed with Suit No. 4119 of 2022 expeditiously.

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In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

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It is argued by learned counsel for the applicant that the injunction is urgently required and considerable time has already been lapsed but till date the same is still pending.

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This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:-

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"From,

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Mohd.Faiz Alam Khan, HJS,

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Registrar General,

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High Court of Judicature at Allahabad

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To,

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All the District & Sessions Judges,Subordinate to the High Court of Judicature at Allahabad.

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C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17

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Sub: Time bound disposal of interim injunction application.

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Madam/Sir,

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Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit. Your faithfully,

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(Mohd. Faiz Alam Khan)

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No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"

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In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid injunction application strictly in accordance with the circular No.CL No.24/Admn. G-II, dated Allahabad dated 16.8.2017.

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Order Date :- 8.12.2023 Vikram

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Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Sakar Gramoudyog Seva Sansthan v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sakar Gramoudyog Seva Sansthan v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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