The High Court dismissed a writ petition seeking a mandamus direction for the expeditious disposal of a pending civil suit, relying on the established principle that sub-ordinate courts must exercise their own discretion on urgency.
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Neutral Citation No. - 2024:AHC:189059
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 14957 of 2024
Petitioner :- Narendra Prasad Jaisawal Respondent :- Ved Prakash And Another Counsel for Petitioner :- Brahmsukh Pal,Mani Shanker Pandey
Hon'ble Rohit Ranjan Agarwal,J.
"(i) Issue a writ, order or direction in the nature of mandamus commanding the Additional Civil Judge (Junior Division), Court No. 7 Allahabad to decide the Original Suit 3405 of 2023; Narendra Prasad Jaiswal vs. Ved Prakash and others, filed by the plaintiffs-petitioners, pending before Additional Civil Judge (Junior Division), Court No. 7, Allahabad within the shortest reasonable period as may be fixed by this Court."
"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), DistrictAzamgarh. 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 socio-economic 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 :- 2.12.2024 Shiraz
Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ of mandamus can be issued under Article 227 to command the Additional Civil Judge to decide a pending civil suit within a stipulated period.
Colour shows how this judgement treated each authority
Ali Shad Usmani vs. Ali IstebaFollowed¶9
Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB)
1 provisions across 1 enactments
Narendra Prasad Jaisawal
Ved Prakash
And Another
Rohit Ranjan Agarwal
Shiraz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
