Komal Prasad Sharma vs Nand Kishor — Writ and Judicial Review | Allahabad HC (2025)

Komal Prasad Sharma vs Nand Kishor — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of without any Article 227 expedition direction; petitioner granted liberty to move an urgency application before the trial court within two weeks, to be considered and decided expeditiously (within three weeks thereafter), with suitable orders if urgency is prima facie made out.

Issue for consideration

Whether this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct expeditious (out-of-turn) disposal of Civil Appeal No.126 of 2023 (Nand Kishore Vs. Komal Prasad Sharma) pending before the District Judge, Bulandshahar.

Ratio / Principle

Trial courts are burdened with heavy dockets and, in a routine manner, directions cannot be passed to the trial court to decide any particular case out of turn expeditiously; it is only when an extraordinary circumstance is made out that it would be appropriate for this Court to exercise its extraordinary jurisdiction under Article 227 of the Constitution of India.

Key takeaways

In the present case, no extraordinary circumstance was mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India.ratio¶12
Liberty is given to the petitioner to move an appropriate application detailing urgency for expeditious disposal of the case before the trial court; if such application is moved within two weeks, the trial court shall consider and decide it expeditiously, say, within three weeks thereafter, and if prima facie satisfied that a case for urgency is made out, shall pass suitable orders thereon.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Alok Mathur, J.), by order dated 5.2.2025, disposed of MATTERS UNDER ARTICLE 227 No. - 894 of 2025 filed by Komal Prasad Sharma seeking expeditious disposal of Civil Appeal No.126 of 2023 (Nand Kishore Vs. Komal Prasad Sharma) pending before the District Judge, Bulandshahar. Holding that trial courts are burdened with heavy dockets and that out-of-turn expedition directions can issue under Article 227 only where an extraordinary circumstance is made out — and finding that the writ petition disclosed none — the Court declined to interfere, but gave liberty to the petitioner to move an application detailing urgency before the trial court within two weeks, to be considered and decided within three weeks thereafter, with suitable orders if urgency is prima facie made out.

Neutral Citation No. - 2025:AHC:16468

Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 894 of 2025

Petitioner :- Komal Prasad Sharma Respondent :- Nand Kishor Counsel for Petitioner :- Harikesh

Hon'ble Alok Mathur,J.

Heard learned counsel for the petitioner.

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 Civil Appeal No.126 of 2023 (Nand Kishore Vs. Komal Prasad Sharma).

Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case District Judge, Bulandshahar considers and decides the aforesaid case in the time bound manner.

Considering the fact that the case has been filed in 2023 of which proceedings are underway and from the perusal of the writ petition, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court to decide the same expeditiously.

This Court is conscious of the fact that the trial courts are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to

exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the suit proceedings. In the present case no such circumstances has been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India.

However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the case 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.

With aforesaid observation and direction the petition stands disposed of.

(Alok Mathur, J.)

Order Date :- 5.2.2025 RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad