Pratap Singh Sisodia vs Shiksha Prasar Samiti Daula & 7 ...
2014 Latest Caselaw 1817 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 26
 

 
Case :- WRIT - C No. - 27508 of 2014
 

 
Petitioner :- Pratap Singh Sisodia
 
Respondent :- Shiksha Prasar Samiti Daula & 7 Others
 
Counsel for Petitioner :- S.S. Sengar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

The petitioner has approached this Court against the orders passed by the Courts below rejecting the application of the petitioner wherein some documents have been returned to the petitioner as the document are not available on record.

The suit is pending since 1994.

The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-

".................It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."

In view of the decision in the case of Km.Shobha Bose versus Judge Small Causes Court 2010(1) ADJ 531 (DB).  It is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.

No ground has been made out by the learned counsel for the petitioner to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

The writ petition is dismissed.

However, dismissal of this writ petition shall not preclude the plaintiff/petitioner in filing appropriate urgency application before the concerned court which shall consider the said application and pass appropriate orders within a period of three months from the date of receipt of certified copy of this order.

Order Date :- 16.5.2014

IB