- Court
- High Court of Judicature at Allahabad
- Decided
- 28 October 2023
- Bench
- Vivek Chaudhary, Manish Kumar
- Case no.
- WRIC 9374/2023
Judgment
Court No. - 3 Case :- WRIT - C No. - 9374 of 2023 Petitioner :- Mahendra Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Development Lko. And 4 Others Counsel for Petitioner :- Shikha Srivastava,Richa Srivastava,Suneel Kumar Singh Kalhans Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State/respondents and Sri Mohan Singh, learned counsel for the Gaon Sabha. Learned counsel for the petitioner states that the civil suit for the same relief bearing the Original Suit No. 664 of 2023 (Mahendra Pratap Singh Vs. Gram Panchayat Saidpur Kala and others) is pending before the Civil Judge (Junior Division), Kadipur, District Sultanpur. He has also filed the injunction application in the said suit on 24.08.2023. Learned counsel for the petitioner prays for expeditious disposal of the said application. This Court has already directed all the subordinate courts to ensure disposal of interim injunction applications within a period of 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" In the present case, admittedly the injunction application is pending from 24.08.2023, which is required to be decided under the administrative orders of this Court within a period of six months from the date of filing of injunction application. In view thereof, concerned Court is required to decide the injunction application of the petitioner, in accordance with law after hearing all the parties concerned, as expeditiously as possible, without any unnecessary delay. He shall not grant any unnecessary adjournment including on the ground of strike of lawyers. In case the court concerned is unable to decide the injunction application within a period of six months from the date of its filing, it shall record reasons for not being able to decide the injunction application. The petitioner is also permitted to file any other document including the Government Order in support of his before the Civil Judge (Junior Division), Kadipur, District Sultanpur. With the aforesaid observations, the petition is disposed of. (Manish Kumar, J.) (Vivek Chaudhary, J.) Order Date :- 28.10.2023 Arjun/- High Court of Judicature at Allahabad, Lucknow Bench
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.