Brijesh Kumar @ Brijesh Kumar Singh Vs Addl… — Writ and Judicial Review | Allahabad HC (2024)

Brijesh Kumar @ Brijesh Kumar Singh Vs Addl… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Direction to respondent No.1 to decide Appeal No.01418/2019 (Computerized Case No.C201908000001418) most expeditiously, affording full opportunity of hearing and without granting unnecessary adjournments to either party, conditional upon the petitioner furnishing the undertaking recorded in the order.

Issue for consideration

Whether the High Court should direct respondent No.1 to dispose of the petitioner's pending Appeal No.01418/2019 (Computerized Case No.C201908000001418) expeditiously.

Court's answer

No gainful purpose would be served in keeping the petition pending; respondent No.1 was directed to consider and decide the pending Appeal No.01418/2019 (Computerized Case No.C201908000001418) most expeditiously, affording full opportunity of hearing to the parties, without granting unnecessary adjournment to either party.

Ratio / Principle

The petitioner was to furnish an undertaking, along with a copy of the order, that he will not seek unnecessary adjournments and will cooperate in early disposal; if the undertaking is not furnished, the petitioner shall not be entitled to the benefit of the order.

Key takeaways

The Court expressly did not examine the case of either party on merits; respondent No.1 is to decide the petitioner's appeal strictly in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Article 227 - expeditious disposal - petition seeking early decision of Appeal No.01418/2019 (Computerized Case No.C201908000001418) pending before the Addl. Commissioner (Administration), Devi Patan Mandal, Gonda (respondent No.1); delay largely attributable to the Bar abstaining from judicial work. Held: petition disposed of with a direction to respondent No.1 to decide the appeal most expeditiously, affording full opportunity of hearing and without granting unnecessary adjournments to either party; petitioner to furnish an undertaking not to seek unnecessary adjournments, failing which the benefit of the order is lost; merits expressly left open, the appeal to be decided strictly in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:66394

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 4576 of 2024

Petitioner :- Brijesh Kumar @ Brijesh Kumar Singh Respondent :- Addl. Commissioner. (Administration,) Devi Patan Mandal, Gonda And Others Counsel for Petitioner :- Baljeet Singh Counsel for Respondent :- C.S.C.,Pankaj Gupta

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 and 5 has been accepted by the office of the Chief Standing Counsel. Shri Pankaj Gupta, learned counsel has accepted notice on behalf of the respondent No.4.

In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 and 3 is dispensed with.

By means of the instant petition, the petitioner seeks expeditious disposal of his Appeal No.01418/2019, Computerized Case No.C201908000001418, pending before the respondent No.1.

It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid appeal has not yet been decided.

Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.1 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work.

At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case.

Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending Appeal No.01418/2019, Computerized Case No.C201908000001418 most expeditiously, affording full opportunity of hearing to the parties, but without granting any

unnecessary adjournment to either of the parties preferably as expeditiously as possible.

The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.

It is made clear that the Court has not examined the case of either of the parties on merits and the respondent No.1 shall decide the appeal of the petitioner strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 25.9.2024 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench