Suresh Chandra vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 26524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:62269
 
Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4813 of 2023
 

 
Petitioner :- Suresh Chandra
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home, Govt. U.P. Lucknow And 5 Others
 
Counsel for Petitioner :- Shailender Singh,Ankit Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

The present petition has been filed seeking following main relief:-

"To issue a writ order or direction in the nature of mandamus commanding the Respondent No. 2 to Expedite the Regular Suit No. 480/2022 titled "Suresh Chandra and another vs Kamlesh and Others."

At the very outset, learned State counsel stated that the petitioner in regard to main relief sought in this petition has approached this Court too early as the case, in issue, was filed on 30.05.2022 before the Court concerned.

In support of his submission, learned State counsel has placed reliance on the judgments passed by the Division Bench of this Court in the case of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors., 2015 (109) ALR 513. The prayer is to dismiss the petition.

In view of the above, the main relief prayed for in this petition cannot be granted at this stage. As such, the present petition is disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings of the pending case before the Court concerned and in case, such an application is moved, then the Court concerned shall pass appropriate orders on the same within reasonable time in accordance with law.

Order Date :- 26.9.2023

Arun/-