SATISH KUMAR MISHRA AND 3 OTHERS v. UNION OF INDIA AND 2 OTHERS
WRIA/10486/2025 · 2025-07-27
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78376 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78376 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123482-DB Chief Justice's Court Case :- WRIT - A No. - 10486 of 2025 Petitioner :- Satish Kumar Mishra and 3 others Respondent :- Union of India and 2 others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- A.S.G.I., Sunil Sharma Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition has been filed by the petitioners seeking a direction to the Central Administrative Tribunal to expedite the hearing of Original Application No. 977 of 2023 pending before it.
2. Submissions have been made that Original Application was admitted on 09.05.2024 and respondents were called upon to file counter affidavit, however, despite the fact that the matter has been got listed before the Tribunal on several occasions, counter affidavit has not been filed and the matter is not getting heard and, therefore, the Tribunal may be directed to expedite the hearing of the matter.
3. Having gone through the record of the present petition, we do not find that the petitioners have made any effort to get the matter heard before the Tribunal. Merely because on account of non-filing of counter affidavit the matter is getting adjourned, no direction can be issued by this Court directing the Tribunal to expedite the hearing.
5. It is for the petitioners to make efforts before the Tribunal to ensure that if counter affidavit is not filed despite grant of repeated adjournments, the opportunity be closed and that the matter be heard without counter affidavit.
6. Filing of petition before this Court for the purpose cannot be countenanced. Consequently, the petition is dismissed, leaving it open for the petitioners to take appropriate proceedings in accordance with law. Order Date :- 28.7.2025 nd/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad