M/S Vishal Sahkari Awas Samiti ... vs State Of U.P. And Another
2022 Latest Caselaw 717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1157 of 2022
 

 
Petitioner :- M/S Vishal Sahkari Awas Samiti Limited
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Manoj Yadav,Rakesh Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble J.J. Munir,J. 

Heard Mr. Rakesh Kumar learned Counsel for the petitioner, Mr. Girjesh Tripathi, learned Standing Counsel appearing on behalf of the State, who are the defendants to the suit.

The petitioner has come up with a prayer, seeking to expedite and conclude the trial of Suit No. 563 of 2016 M/s Vishal Sahkari Awas Samiti Limited vs. State of U.P. and another, pending before the Civil Judge (Senior Division)/Fast Track Court, Agra within a determinate period of time.

Perused the report dated 05.04.2022, submitted by the Civil Judge (Senior Division), FTC, Agra, in compliance with this Court's order dated 31.03.2022. A perusal of the said report shows that issues Nos. 4 and 5 have been decided and the application bearing Paper No.15Ga, has been rejected. Now, the suit has been set down for trial and 08.04.2022, is the next date fixed. The suit is one of the year 2016, and, therefore, required to be decided early. It is particularly so as the plaintiff-petitioner appears to be claiming possession of his property that was requisitioned but never returned to him. He says that he has challenged the requisition successfully before this Court, but later on, since possession was not returned, the orders of the State Government were also challenged before this Court in a writ petition, which were set aside with a direction to restore possession. This judgment was, however, set aside by the Supreme Court vide judgment and order dated 03.03.2016 passed in Civil Appeal No.2476 of 2016. Thereafter, the petitioner instituted the present suit before the Civil Court to establish his right. In the circumstances, considering that the litigation is old and long drawn, the suit is particularly required to be decided promptly.

In the circumstances of the case, the Trial Court shall now proceed with the suit in the manner that one date of effective hearing shall be fixed every week and the suit shall be decided within a period of six months, in accordance with law, after hearing the parties and their witnesses.

It is made clear that the case shall not be adjourned on account of any resolution of the local Bar, and all such resolutions shall be ignored. Learned Counsel appearing in the case shall assist the Court, ignoring any resolution of the local Bar.

The petition stands disposed of in terms of the orders aforesaid.

Let this order be communicated to the Civil Judge (Senior Division)/Fast Track Court, Agra through the learned District Judge, Agra by the Registrar (Compliance) within 24 hours.

Order Date :- 7.4.2022

NSC