Subhash Chandr v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 5865 of 2023 Petitioner :- Subhash Chandr Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Rashmi Rajvanshi,Anand Kumar Srivastava,Lovekush Pandey Counsel for Respondent :- C.S.C. Hon'ble Rajnish Kumar,J.

¶1On an objection raised by Sri Upendra Singh learned Additional Chief Standing counsel that the defendant no.1 i.e. Ramdev in Regular Suit no.352 of 2016 (Vinod Kumar vs Ramdev and another) has not been impleaded in this petition and opposite party no.1 i.e. State of U.P. through Principal Secretary Home, Civil Secretariat, Lucknow has wrongly and illegally been impleaded whereas he has no concern with the present case, Sri Lovekush Pandey, learned counsel for the petitioner submits that he could not implead and may be permitted to implead Ramdev as opposite party no.5 in this petition and delete opposite party no.1 i.e. State of U.P. through Principal Secretary Home, Civil Secretariat, Lucknow. To which, there is no objection by learned Additional Chief Standing counsel.

¶2In view of the above, learned counsel for the petitioner is permitted to implead the defendant no.1, Ramdev and delete opposite party no.1 and renumber the opposite party no.2 onwards during course of the day.

¶3Heard Sri LoveKush Pandey, learned counsel for the petitioner.

¶4Considering the nature of the order proposed to be passed in this petition, the issuance of notice to the opposite parties is dispensed with.

¶5By means of the present petition, the petitioner has prayed for the following reliefs:- "I.To direct the opposite party no.01 to decide the original suit filed by the opposite parties no.02 to 04 in Suit no.352/2016 (Vinod Kumar and others vs Ramdev Another), pending before the opposite party no.02 expeditiously within a stipulated time, which are pending before the Court of Civil Judge, Junior Division Tanda, Ambedkar Nagar, contained as ANNEXURE NO.01 to this petition. II. Issue any other order or direction which this Hon'ble Court may deem fit and proper in this circumstances of the case."

¶6This court on administrative side has already issued directions to the court below for 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.

¶7However, it is always open for the petitioner to move appropriate application before the court before which the matter is pending for expeditious hearing and disposal. 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.

¶8With the aforesaid, the petition is disposed of. (Rajnish Kumar,J.) Order Date :- 17.11.2023 Harshita High Court of Judicature at Allahabad, Lucknow Bench