Kalika and Another v. Rohit Kumar and 44 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11195 of 2023 Petitioner :- Kalika And Another Respondent :- Rohit Kumar And 44 Others Counsel for Petitioner :- Rakesh Kumar Singh,Jang Bahadur Hon'ble Prakash Padia,J.

¶1Counsel for the petitioners is permitted to make necessary corrections in respect of the year of the suit.

¶2Heard learned counsel for the petitioners and learned Standing Counsel for the respondent no.1.

¶3The petitioners have preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the Court below to decide the Original Suit No.1271 of 2022 (Kalika & another Vs. Rohit Kumar Tripathi and others) expeditiously.

¶4Very recently Hon'ble Apex Court in Special Leave Petition (Civil) No(s). 38375 of 2023 (Mohd. Faiyaz Khan vs. State of U.P. and others) passed an order on 27.09.2023 stating therein that unless the situation is extraordinary, the Court should not direct any Court to decide any pending case in a time-bound manner. The order dated 27.09.2023 is quoted hereinbelow :- "Heard the learned counsel appearing for the petitioner. Unless the situation is extraordinary, this Court should not direct any Constitutional Court or for that matter, any Court, to decide any pending case in a time-bound manner. It cannot be that those who afford to come this Court, get priority and others wait in the queue. No case for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed on ground of delay as well as on merits. It is for the petitioner to move the High Court for expeditious hearing of the case. Pending application(s) also stands disposed of."

¶5From perusal of the record in transpires that nothing has been stated in the entire petition that there is any extraordinary situation nor any arguments has been made in this regard by the learned counsel for the petitioners to direct the court below to decide the aforesaid case in a time bound manner.

¶6In this view of the matter, present petition is dismissed.

¶7However, court below is expected to decide the aforesaid suit strictly in accordance with law without granting any unnecessary adjournment to either of the parties unless there is no legal impediment. Order Date :- 9.11.2023 Pramod Tripathi High Court of Judicature at Allahabad