Smt. Chandrvati Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2024)

Smt. Chandrvati Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Prayer for judicial-side direction for expeditious disposal rejected; liberty granted to the petitioner to move an urgency application before the trial court within two weeks, which the trial court is to consider and decide expeditiously within three weeks thereafter and, if prima facie satisfied, pass suitable direction.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, should direct expeditious disposal of Case No. 39/2019 (Sudama Devi Vs. Ram Sagar and others) pending before the Civil Judge (Pravar Khand), Room No. 15, District Sultanpur.

Court's answer

The Court declined to pass any further order on the judicial side for expeditious disposal, since on the administrative side it had already directed the courts below to obtain zero pendency of cases more than five years old, and accordingly rejected the prayer.

Ratio / Principle

Liberty was given to the petitioner to move an appropriate application detailing urgency for expeditious disposal of the suit before the trial court.

Key takeaways

If the urgency application is moved within two weeks, the trial court shall consider and decide it expeditiously, within three weeks thereafter, and if prima facie satisfied that a case for interference is made out, it shall pass suitable direction thereon.ratio¶12
With the aforesaid observation and direction, the petition stands disposed of.ratio¶13

Detailed headnote1 paragraphs

Article 227 petition (MATTERS UNDER ARTICLE 227 No. 1514 of 2024) by Smt. Chandrvati seeking expeditious disposal of Case No. 39/2019 (Sudama Devi Vs. Ram Sagar and others) pending before the Civil Judge (Pravar Khand), Room No. 15, District Sultanpur. Held (Alok Mathur, J.): as the Court on the administrative side had already issued directions to the courts below to obtain zero pendency of cases more than five years old, it was not inclined to pass any further order on the judicial side and the prayer was rejected. However, liberty was given to the petitioner to move an appropriate application detailing urgency before the trial court; if moved within two weeks, the trial court was to consider and decide the same expeditiously, within three weeks thereafter, and if prima facie satisfied that a case for interference was made out, to pass suitable direction thereon. Petition disposed of. Order Date: 15.4.2024.

Neutral Citation No. - 2024:AHC-LKO:29753

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 1514 of 2024 Petitioner :- Smt. Chandrvati

Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lucknow And Others Counsel for Petitioner :- Anand Kumar Srivastava,Archana Devi,Santosh K. Singh Raghuvanshi

Counsel for Respondent :- C.S.C.

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel.

In view of the proposed order notice to private respondents is dispensed with.

By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Case No. 39/2019 Sudama Devi Vs. Ram Sagar and others) pending before the court of Civil Judge (Pravar Khand), Room No. 15, District Sultanpur.

Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Civil Judge (Pravar Khand), Room No. 15, District Sultanpur, considers and decides the aforesaid case in the time bound manner.

In this regard, it is noteworthy, that this Court on administrative side has already issued directions to the Courts below to obtain zero pendency of cases which are more than five years old. In view of directions already issued on administrative side, this Court is not inclined to pass any further order on judicial side. Hence, the prayer is rejected.

However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the suit before the trial court. In case, such application is moved within two weeks from today the trial court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court is prima facie satisfied that a case for interference is made out it shall pass suitable direction thereon.

With aforesaid observation and direction the petition stands disposed of.

(Alok Mathur, J.)

Order Date :- 15.4.2024 Ravi/

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench