Kashinath Seth v. State of U.P. and 2 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 12663 of 2023 Petitioner :- Kashinath Seth Respondent :- State of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- C.S.C.,Shashi Kant Mishra Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner, learned Standing Counsel for State-respondent Nos.1 & 2and Sri Shashi Kant Mishra, learned counsel for the respondent No.3.

¶2The only prayer made by the petitioner in the present petition to direct the Court below to decide the injunction application being Paper No.6C filed in Suit No.688 of 2022 ( Kashinath Seth Vs. State of U.P. and others) expeditiously.

¶3It is argued by learned counsel for the petitioner that the injunction is urgently required and considerable time has already been lapsed but till date the same is still pending.

¶4This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications within six months failing which, they shall have to record reasons. The said direction was issued by the letter dated 16.8.2017 bearing No.CL No.24/Admn. G-II, dated Allahabad 16.8.2017 and same is quoted below:- "From,

Mohd.Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad To,

All the District & Sessions Judges,Subordinate to the High Court of Judicature at Allahabad. C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17 Sub: Time bound disposal of interim injunction application. Madam/Sir,

Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit. Your faithfully, (Mohd. Faiz Alam Khan) No. 9770/Admin. 'G-II' Dated: Allahabad 16.08.2017"

¶5In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid injunction application strictly in accordance with the circular No.CL No.24/Admn. G-II, dated Allahabad dated

16.8.2017. Order Date :- 11.12.2023 saqlain High Court of Judicature at Allahabad