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2025 DAILYLAW 197259 (ALL)

YUGUL KISHOR MISHRA v. SUB DIVISIONAL MAGISTRATE, TEHSIL HAIDERGARH, BARABANKI AND ANOTHER

A227/6130/2025 · 2025-10-15

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6130 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. Notice on behalf of the respondent 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 Appeal No.8309/2023, Computerized Case No.T- 202304120508309, Santosh Kumar Vs. Yugul Kishor Mishra, which is pending before the respondent No.1. It is urged 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 submits that he has no objection in case an expedite order is passed. 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. Versus Counsel for Petitioner(s) : Virendra Kumar Shukla, Shyam Pratap Singh Counsel for Respondent(s) : C.S.C. Yugul Kishor Mishra .....Petitioner(s) Sub Divisional Magistrate, Tehsil Haidergarh, Barabanki And Another .....Respondent(s) At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that she will not seek any unnecessary adjournment, except in exceptional circumstances and shall also cooperate in the early disposal of the aforesaid case. 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 Appeal No.8309/2023, Computerized Case No.T-202304120508309, Santosh Kumar Vs. Yugul Kishor Mishra, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties. 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 the petitioner 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. October 15, 2025 ank A227 No. 6130 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench