Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:48925 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4909 of 2025 Petitioner :- Jimidar Respondent :- Manohar And Others Counsel for Petitioner :- Shailendra Kumar Hon'ble Alok Mathur,J. (Order on Application for Impleadment)
1. Heard Sri Shailendra Kumar, learned counsel for petitioner and perused the record. 2. Learned counsel for petitioner presses this application for impealdment. 3. In view of the facts stated in the affidavit filed in support of application for impleadment, the application in question is allowed. 4. Learned counsel for petitioner prays for and is directed to make necessary impleadment in the memo of writ petition during course of the day. (Order on Writ Petition)
1. Heard Sri Shailendra Kumar, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 10 and perused the record. 2. In view of the proposed order notice to private respondents are 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 Case No. 91/2023 Kamputri Case No. C202308000000091 (Manohar Vs. Jimidar and others) pending before respondent No. 10. 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. 10, considers and decides the aforesaid case in the time bound manner. 6. It has been submitted by learned Standing Counsel that all
the respondents in the aforesaid case have been not been served. 7. Considering the fact that the claim petition was filed in 2023 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 to decide the same expeditiously. 8. 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. 9. 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. 10. 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. 11. With aforesaid observation and direction the petition stands
disposed of. (Alok Mathur, J.)
Order Date :- 21.8.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench