Sandeep Singh and Another Vs Civil Judge J.D… — Writ and Judicial Review | Allahabad HC (2024)

Sandeep Singh and Another Vs Civil Judge J.D… — Writ and Judicial Review | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Prayer for a judicial-side direction for time-bound disposal rejected; liberty granted to the petitioners to move an urgency application before the trial Court within two weeks, to be considered and decided by the trial Court expeditiously (within three weeks thereafter) and, if prima facie satisfied, suitable orders to be passed and the suit proceeded with in accordance with law.

Issue for consideration

Whether the High Court should direct expeditious, time-bound disposal of Original Suit No. 472 of 2023 (Vikas Singh versus Sandeep Singh) pending before the Civil Judge (Junior Division), Kadipur, District Sultanpur.

Court's answer

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

Ratio / Principle

Liberty was granted to the petitioners to move an appropriate application detailing urgency for expeditious disposal of the suit before the trial Court; if 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 urgency is made out, shall pass suitable orders thereon and proceed in accordance with law.

Detailed headnote1 paragraphs

Constitution of India, Article 227 — Petition (Matters Under Article 227 No. 2902 of 2024) by Sandeep Singh and another seeking expeditious disposal of Original Suit No. 472 of 2023 (Vikas Singh versus Sandeep Singh) pending before the Civil Judge (Junior Division), Kadipur, District Sultanpur — Held: the Court had already issued administrative-side directions to the courts below to obtain zero pendency of cases more than five years old, and was therefore not inclined to pass any further order on the judicial side; the prayer was rejected. However, liberty was given to the petitioners to move an appropriate application detailing urgency before the trial Court; if such 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 urgency is made out, shall pass suitable orders and proceed in accordance with law. Petition disposed of. (Syed Qamar Hasan Rizvi, J.; Order Date 4.6.2024)

Neutral Citation No. - 2024:AHC-LKO:42438

Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 2902 of 2024 Petitioner :- Sandeep Singh And Another Respondent :- Civil Judge J.D. Kadipur Sultanpur And 4 Others

Counsel for Petitioner :- Rajesh Kumar Shukla

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard learned counsel for the petitioners.

In view of the proposed order notice to private respondent 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 Original Suit No. 472 of 2023 (Vikas Singh versus Sandeep Singh) pending before the Civil Judge (Junior Division), Kadipur, District Sultanpur.

Learned counsel for the petitioners submits that grievance of the petitioners would be sufficiently met in case the Civil Judge (Junior Division), Kadipur, 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 petitioners 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 urgency is made out it shall pass suitable orders thereon and proceed accordingly, in accordance with law.

With aforesaid observation and direction the petition stands disposed of .

Order Date :- 4.6.2024/Abhishek Gupta

Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench