Kamlesh Kumar and Others v. Addl. Commissioner-Iii, Devi Patan Mandal, Gonda and Another

Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 6058 of 2023 Petitioner :- Kamlesh Kumar And Others Respondent :- Addl. Commissioner-Iii, Devi Patan Mandal, Gonda And Another Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of his Case No. 442 of 2022, Computerized Case No. C202208000000442, pending before the respondent No.1. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided. Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the respondent No.1 could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work. At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case. The learned Standing Counsel has pointed out that the matter is being listed but since the members of the Bar as abstaining from judicial work, hence, the appeal could not be decided. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to consider and decide the pending proceedings of Case No. 442 of 2022, Computerized Case No. C202208000000442, pending before the respondent No.1 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of six months from the date an authenticated copy of this order is placed before the authority concerned. The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order. It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 2.12.2023 Asheesh High Court of Judicature at Allahabad, Lucknow Bench