The Allahabad High Court dismissed a writ petition under Article 226 seeking directions to expedite a pending appeal. The bench held that such petitions are generally not entertained as urgency must be assessed by the concerned court, not by the High Court granting priority.
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Neutral Citation No. - 2024:AHC-LKO:21067
Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 944 of 2024
Petitioner :- Neelam Gupta And 2 Others Respondent :- Addl. Distt. Judge Court No. 13 Lko. And 3 Others Counsel for Petitioner :- Pritish Kumar,Amal Rastogi Counsel for Respondent :- Anagh Shukla,Ratnesh Chandra
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner and Sri Anagh Shukla,learned counsel for the respondent no.4.
No notice be issued to private respondents taking into consideration the nature of order proposed to be passed.
By means of the present petition, the petitioner has prayed for a writ of mandamus commanding the respondent No.1 i.e. Additional District Judge, Court No. 13, Lucknow to expeditiously adjudicate and decide the appeal under Section 96 of the Code of Civil Procedure pending before it as R.C.A No. 223 of 2016 in re: Neelam Gupta Vs. Madan Mohan Dalmiya pending since 2016.
The Court is not inclined to issue directions in a matter such as the present merely because a party has moved this Court under Article 227 of the Constitution to direct the concerned Court to decide the pending appeal overriding several cases which are equally pressing and are pending, by granting priority to a particular case. The fact that a particular case requires urgent disposal is to be considered by the concerned Court itself.
Accordingly, the petition is disposed of permitting the petitioner to move an application before the concerned Court pointing out the grounds of urgency. In the event, the petitioner does so, the concerned Court may consider whether the case should be expedited having regard to the urgency of the case.
There shall be no order as to costs.
Order Date :- 11.3.2024 Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether this Court can issue directions under Article 226 to expedite a pending appeal solely upon a party’s petition.
Neelam Gupta And 2 Others
Addl. Distt. Judge Court No. 13 Lko. And 3 Others
Abdul Moin
As recorded by the court registry
3 orders share this CNR
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