Dismissed¶17

Amar Singh v. Ram Sajeevan Yadav and 3 Others

Writ jurisdiction (Article 227) – Maintainability – Second writ petition

Allahabad HC10 Apr 2025A227/2554/2025

Download

Case brief

AI extract

What is this about?

Allahabad High Court (Court No. 9), Rohit Ranjan Agarwal, J.; MATTERS UNDER ARTICLE 227 No. 2554 of 2025; order dated 10.4.2025; Neutral Citation 2025:AHC:52674. Keywords: second writ petition; same cause of action; maintainability; Article 227; expeditious disposal of civil suit; Original Suit No. 527 of 2012; Civil Judge (Junior Division), Soran, Prayagraj; earlier disposal of M.A. No. 932 of 2024 on 06.03.2024; petition dismissed; Amar Singh v. Ram Sajeevan Yadav.

What did the court decide?

A second writ petition for the same cause of action is not maintainable, and the present petition, being such a second petition, stands dismissed. ¶17

Amar Singh vs Ram Sajeevan Yadav and 3 Others — Writ and Judicial Review | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC:52674

¶2

Court No. - 9

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 2554 of 2025

¶4

Petitioner :- Amar Singh Respondent :- Ram Sajeevan Yadav And 3 Others Counsel for Petitioner :- Ravindra Kumar Pandey,Satyendra Kumar Dwivedi,Vani Tiwari

¶5

Hon'ble Rohit Ranjan Agarwal,J.

¶6

Petitioner before this Court had earlier approached this Court through Matters Under Article 227 No.932 of 2024 which was disposed of on 06.03.2024 and following order was passed:-

¶7

"1. Heard learned counsel for the parties and perused the record.

¶8

2. The instant petition has been filed praying for directing learned Civil Judge (Junior Division), Soran, Allahbad (Prayagraj) to decide the Original Suit No. 527 of 2012 (Amar Singh Vs. Ram Sajivan Yadav & others).

¶9

3. Contention of learned counsel for the petitioner is that the suit is pending since 2012, opposite parties have appeared before the court below but have not filed their written statement.

¶10

4. From perusal of the order sheet, annexed as Annexure No. 2 to the petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid suit has not been decided.

¶11

5. No useful purpose would be served in keeping this petition pending.

¶12

6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (Junior Division), Soran, Allahbad (Prayagraj) to decide the aforesaid suit, in accordance with law, expeditiously, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. "

¶13

Present writ petition has been filed with the following prayers:-

¶14

"(i) To direct the Court of Civil Judge (J.D.) /F.T.C. Allahabad to decide this matter by day to day hearing, if possible or fix date for disposal of above petition.

¶15

(ii) To issue any such and further suitable, order or direction which this Hon'ble court may deem fit and proper considering all the facts and circumstances of the case."

¶16

From perusal of the prayers made in the writ petition, it transpires that it is the second writ petition for the same cause of action.

¶17

Second writ petition for the same cause of action is not maintainable and the same stands dismissed.

¶18

Order Date :- 10.4.2025 SK Goswami

¶19

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad

Amar Singh v. Ram Sajeevan Yadav and 3 Others

Case brief

What is this about?

What did the court decide?

Amar Singh v. Ram Sajeevan Yadav and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rajaram vs Smt. Shashiprabha Kushwaha and 2 Others

Raghuvir vs Kishan Singh and 3 Others

Jaikrishna Kumar Pandey vs Kushlawati and 9 Others

Bajrangpuri Ram Leela Committee, Situated vs Dharmendra Sharma and 6 Others

Smt. Suman Shukla and 2 Others vs Harinayan Dubey (Now Deceased) and 3 Others

Jagdish vs Netrapal and 2 Others