Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 157228 (ALL)

CHAKRA DHAR SINGH v. JANMEJAY SINGH AND OTHERS

A227/4808/2025 · 2025-08-14

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:47903 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4808 of 2025 Petitioner :- Chakra Dhar Singh Respondent :- Janmejay Singh And Others Counsel for Petitioner :- Ripu Daman Shahi,Arun Pratap Singh,Shalu Pandey Counsel for Respondent :- Pankaj Gupta Hon'ble Alok Mathur,J. (Order on Amendment/impleadment Application) 1. Heard Sri R.D. Shahi, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents. 2. In view of the facts stated in the affidavit filed in support of application for amendment, the application for amendment/impledment is allowed. 3. Learned counsel for petitioner prays for and is directed to make necessary amendment and impleadment in the memo of writ petition during course of the day. (Order on Writ Petition) 1. Heard Sri R.D. Shahi, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents. 2. In view of the proposed order notice to private respondents is dispensed with. 3. By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of suit for division of holding U/S 116 of U.P. Revenue Code, 2006 numbered as Suit No. 6297 / 2025, Computrized Suit No. T202508100106297 (Chakradhar Singh Vs. Janmejay Singh and others) pending before respondent No. 9. 4. It is urged that though the matter is being listed but for one reason or the other, the aforesaid case is not being decided. 5. Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case respondent No. 1, considers and decides the aforesaid case in the time bound manner. 6. Considering the fact that the claim petition was filed in 2025 of which proceedings are underway and from the perusal of the writ petition, there is no disclosure of any extra ordinary circumstance as to why this Court should exercise its jurisdiction under Article 227 of the Constitution of India to direct the trial court/competent authority to decide the same expeditiously. 7. This Court is conscious of the fact that the trial court/competent authority are burdened to heavy dockets and in a routine manner directions cannot be passed to the trial court/competent authority to decide any particular case out of turn expeditiously. It is when some extra ordinary circumstance is made out only then it would be appropriate for this Court to exercise its extra ordinary jurisdiction under Article 227 of the Constitution of India. There also liberty should be given to the petitioner to place his grievances before the trial court/competent authority who after looking into the urgency as well as dockets situation and pass appropriate orders to expedite the aforesaid matter. In the present case no such circumstances has been mentioned or made out requiring interference of this Court under Article 227 of the Constitution of India. 8. However, liberty is given to the petitioner to move appropriate application detailing urgency for expeditiously disposal of the aforesaid case before the trial court/competent authority. In case, such application is moved within two weeks from today the trial court/competent authority shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial court/competent authority is prima facie satisfied that a case for urgency is made out it shall pass suitable order thereupon in accordance with law. 9. It is made clear that this Court has not examined the case of either of the parties on merit and the Court/authority concerned shall decide the matter strictly in accordance with law. 10. With aforesaid observation and direction the petition stands disposed of. (Alok Mathur, J.) Order Date :- 14.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench