Irsad Ahmad vs Sub Divisional Magistrate, ...
2018 Latest Caselaw 1815 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- MISC. SINGLE No. - 20231 of 2018
 

 
Petitioner :- Irsad Ahmad
 
Respondent :- Sub Divisional Magistrate, Lambhua, Distt. Sultanpur & Ors.
 
Counsel for Petitioner :- Manoj Kumar Shukla,Atul Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rakesh Srivastava,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the petitioners and the learned Standing Counsel.

In view of the order proposed to be passed notice to the private respondents is dispensed with.

This petition under Article 227 of the Constitution of India has been filed praying for a direction to the Sub Divisional Magistrate, Lambhua, District Sultanpur to decide Case No. T201804680302522 (Irshad Ahmad Vs. Raees Ahmad & Ors.), under Section 134 of U.P. Revenue Code, 2006 expeditiously, within a certain time frame.

The above mentioned suit was filed by the petitioner only on 05.08.2017 and he has rushed to this Court for a direction to the Sub Divisional Magistrate concerned to decided the case expeditiously. There is nothing on record to indicate the number of cases pending in the Court of Sub Divisional Magistrate, District Gonda. It is, however, not disputed that a large number of cases filed earlier in point of time are still pending.

In Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850, a Division Bench of this Court has held that the power to direct expeditious disposal of suit or any other cases should be exercised sparingly in extraordinary circumstances and not in a routine manner.

In Ali Shad Usmani & Ors. v. Ali Isteba & Ors. 2015 (109) ALR 513 a Division Bench of this Court has held that any direction for expediting the hearing of a suit or any case should be issued with greatest care and circumspection and it should be left to the court concerned to take into account all the facts and circumstances of the case and then decide as to whether the hearing of the case was to be expedited.

When the case of the petitioner is examined in the light of the parameters laid down by the Division Bench in the case of Km. Shobha Bose (supra) & Ali Shad Usmani & Ors. v. Ali Isteba & Ors. (Supra) no direction can be issued to the Court concerned to decide the case mentioned above, within a certain time frame. The relief prayed for cannot be granted.

The petition is devoid of merit and is accordingly dismissed.

Order Date :- 2.8.2018

Pradeep/-