Allahabad High Court
Lal Chandra And 10 Others vs State Of U.P. And 7 Others on 5 May, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 11459 of 2022
Petitioner :- Lal Chandra And 10 Others
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Rafiuddin Ansari
Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the petitioners as well as Ms. Shubhra Singh, learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with prayer to direct the respondents to pass an appropriate and suitable order on the applications of the petitioners dated 1.4.2022, 2.4.2022 and 4.4.2022. A further prayer is made to direct the respondents not to interfere in the peaceful life and liberty of the petitioners as well as in doing professional business.
It is an admitted position that a civil suit in relation to the property in question is pending between the petitioners and the other contesting respondents.
In view of the statement made made in paragraph 10 of the writ petition that a temporary injunction application 6C is also pending and 23.4.2022 was fixed for hearing/disposal of the application, we do not find any good ground to proceed with the reliefs as has been prayed for.
However, this Court has already issued a Circular Letter dated 16.8.2017 for deciding interim injunction application, which is quoted as under:
"Through Registered Post/E-mail
From,
Mohd. Faiz Alam Khan, HJS,
Registrar General,
High Court of Judicature at
Allahabad.
To,
All the District & Sessions Judges,
Subordinate to the High Court of Judicature at
Allahabad.
C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17
Sub: Time bound disposal of interim injunction application.
Madam/Sir
Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order sheet.
I am, therefore, directed to request you to circulate the instant direction amongst all the Judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit.
Yours faithfully,
Sd/-
(Mohd. Faiz Alam Khan)
No. /Admin.'G-II' Dated: Allahabad 2017.
Copy forwarded for information and necessary action to:
1. The Registrar, High Court of Judicature at Lucknow Bench, Lucknow.
2. P.S. to all the Hon'ble Judges at Allahabad and also at Lucknow Bench, Lucknow to place the same before their Lordships for kind perusal.
3. The Director, Judicial Training & Research Institute, Gomti Nagar, Lucknow.
4. All the Judicial Officers posted in the Registry in Allahabad High Court and Lucknow Bench, Lucknow.
5. The Member Secretary, U.P. State Legal Services Authority, III floor, Jawahar Bhawan, Annexe Lucknow.
6. Section Officer, Admin. 'H' Section for compliance of guard file."
(Emphasis supplied)
As such no further direction is required for disposal of interim injunction application.
It is expected that the Court below shall follow the directions as noted above in its letter and spirit.
The issue regarding disposal of 6C application has been considered by one of us in Matters Under Article 227 No. 3189 of 2020 (Gurmej Singh and others vs. Ranjit Kaur and others), reported in 2021 (1) ARC 86, which may also be considered by the courts below.
The petitioner, therefore, is also at liberty to press his temporary injunction application in case the interim injunction application is not decided in the light of the aforesaid circular as well as the judgment in Gurmej Singh (supra).
With the aforesaid observations, present petition stands disposed of. No order as to costs.
Order Date :- 5.5.2022
Abhishek
