DHANPAL @ DHAN SINGH v. STATE OF U.P. AND 13 OTHERS
A227/3174/2025 · 2025-04-08
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35623 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35623 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51971 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3174 of 2025 Petitioner :- Dhanpal @ Dhan Singh Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Prem Narayan Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
" i. Issue an order or direction, directing the learned Civil Judge (Junior Division), Second, Baghpat to consider and decide the Exhibit 8 Ga 2 Under order 39 Rule 1 & 2 read with section 151 C.P.C. (Stay Application) filed in Original Suit No. 278 of 2023 (Dhanpal @ Dhan Singh Versus State of U.P. and others) within stipulated period of time. ii. Issue an order or direction, directing the learned Civil Judge (Junior Division), Second, Baghpat to conclude/decided/expedite the Original Suit No. 278 of 2023 (Dhanpal @Dhan Singh Versus State of U.P. and others) as early as possible preferably by way of day to day hearing within stipulated period of time."
2. The second prayer made in the writ petition cannot be granted in view of judgement of Constitution Bench of Hon'ble Apex Court rendered in case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 and Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, the first prayer made for early disposal of application 8C2 is concerned, the same is accepted.
3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the application 8C2 filed in Original Suit No. 278 of 2023, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this
order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 9.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad