Vikas Sahu v. State of U.P. Thru. Prin. Secy. Home, Lko. and 2 Others

Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 5288 of 2023 Petitioner :- Vikas Sahu Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 2 Others Counsel for Petitioner :- Neeraj Kumar Rawat,Aman Shankar,Apoorva Jyoti Hon'ble Rajnish Kumar,J. On an objection raised by Shri Upendra Singh, learned Additional Chief Standing Counsel that the State of U.P. through Principal Secretary (Home), Lucknow has wrongly been impleaded as respondent no.1, Shri Apoorva Jyoti, learned counsel for the petitioner submits that he may be permitted to delete the State of U.P. as opposite party no.1 and re-number other opposite parties as opposite parties no.1 and 2 during course of the day. There is no objection by the other side. In view of above, the petitioner is permitted to delete the respondent no.1 from the array of the opposite parties and re-number the opposite parties no.2 and 3 as opposite parties no.1 and 2. Heard learned counsel for petitioner. In view of the order proposed to be passed this Court does not deem it necessary to issue notice to respondent No.2 as her interest would be well protected by the order passed by this Court. By means of the present petition, the petitioner has prayed for the following reliefs:- "1. To, direct the opposite party no.2 i.e., learned Additional Principal Judge, Family court-4, Lucknow to decide the Case No.80 of 2018, U/s 7/25 Guardian & Wards Act, 1890 (Vikas Sahu Vs. Smt. Sikha Sahu), within stipulated period as it may be directed by this Hon'ble Court in the interest of justice.

¶2Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

¶3Award the cost of the petition in favour of the petitioner." This court on administrative side has already issued directions to the court 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. However, it is always open for the petitioner to move appropriate application before the court before which the matter is pending for expeditious hearing. In case any such application is moved within a week from today the same shall be considered and disposed of within two weeks thereafter and endeavour shall be made to decide the Suit within a time frame. With the aforesaid, the petition is disposed of. . ........................................(Rajnish Kumar,J.) Order Date :- 17.10.2023 Banswar High Court of Judicature at Allahabad, Lucknow Bench