Sarjoo Prasad v. State of U.P. Thru. Secy. Law Deptt. Civil Sectt. Lko and 6 Others

Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 6378 of 2023 Petitioner :- Sarjoo Prasad Respondent :- State Of U.P. Thru. Secy. Law Deptt. Civil Sectt. Lko And 6 Others Counsel for Petitioner :- Ranjeet Singh Counsel for Respondent :- C.S.C. Hon'ble Rajnish Kumar,J. On an objection raised by learned Standing Counsel that State of U.P. has wrongly been impleaded in this case, Sri Ranjeet Singh, learned counsel for the petitioner submits that he may be permitted to delete the State of U.P. from the array of parties.He further submits that inadvertently, he could not implead the plaintiff no.2/Ganga Prasad in this petition therefore he may be permitted to implead him as respondent no.5. In view of above, learned counsel for the petitioner is permitted to delete the State of U.P. from the array of parties and implead Ganga Prasad as respondent no.4 after re-numbering from opposite party no.2 onwards during course of the day. Heard. In view of the order proposed to be passed this Court does not deem it necessary to issue notice to respondents as their 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:- "(i) issue a direction thereby directing the opposite party no.2 i.e. the learned Ist Additional Civil Judge (J.D.)/F.T.C. Gonda to decide the Regular Suit No.447 of 1996" Sarjoo Prasad and another versus Shailendra Bahadur Singh" within a shortest an specified period of time.

(ii) issue a direction as this Hon'ble Court deems just and proper under the facts and circumstances of the case may also be passed in favour of the petitioner in the interest of justice.

(iii) allow 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 showing urgency. In case any such application is moved within a period of 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. Order Date :- 20.12.2023 Akanksha High Court of Judicature at Allahabad, Lucknow Bench