Smt. Shanti Devi v. Dharmraj Tiwari and 7 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2886 of 2024 Petitioner :- Smt. Shanti Devi Respondent :- Dharmraj Tiwari And 7 Others Counsel for Petitioner :- Rakesh Kumar Maurya Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Shri Rakesh Kumar Maurya, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

¶2By means of the present petition under Article 227 of the Constitution of India, the petitioner has sought following prayer:- "I. to issue an order or direction to the learned Civil Judge (Junior Division), Fast Track Court, Sultanpur to decide Original Suit No. 268 of 2002 (Dharamraj Tiwari Vs. Smt. Shanti Devi and others) pending in the court of learned Civil Judge (Junior Division), Sultanpur expeditiously within a stipulated period, in the interest of justice."

¶3It is urged that though several dates were fixed in the case but for one reason or the other, the same could not be decided.

¶4Learned counsel for petitioner contends that learned Civil Judge (Junior Division), Fast Track Court, Sultanpur may be directed to decide Original Suit No. 268 of 2002 (Dharamraj Tiwari Vs. Smt. Shanti Devi and others) in a time bound manner.

¶5It is noteworthy, that this Court on administrative side has already issued directions to the Courts below to ensure 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.

¶6In view of the order proposed to be passed in the present writ petition, notice to private respondents are dispensed with.

¶7This Court, at this stage, is not inclined to interfere in the matter under Article 227 of the Constitution of India. However, in the interest of justice liberty is granted to the petitioner to approach the learned Civil Judge (Junior Division), Fast Track Court, Sultanpur by moving an appropriate application detailing urgency for expeditious disposal of Original Suit No. 268 of 2002 (Dharamraj Tiwari Vs. Smt. Shanti Devi and others), and in case, if such an application is moved, the court concerned shall consider the same within a period of three weeks from the date of filing of an application along with the copy of this order. It is provided that if the court concerned finds that a case for urgency is made out, it shall pass appropriate orders thereupon, in accordance with law.

¶8It is made clear that this Court has not examined the case on merit and the Court concerned shall decide the same on merits in accordance with law.

¶9With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 4.6.2024 Virendra High Court of Judicature at Allahabad, Lucknow Bench