Citation : 2024 Latest Caselaw 36113 ALL
Judgement Date : 4 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:172306 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 13688 of 2024 Petitioner :- Sumit Singhal Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Nandini Mishra Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following prayers:-
"1. Issue a direction commanding and directing the Court of Additional Civil Judge, (S.D) District Gautambudh Nagar to decide the original suit no. 695 of 2022 (Sumit Singhal versus District Magistrate and others), within stipulated period of time in the interest of justice.
2. Issue a direction commanding and directing the court of Additional Civil Judge, (S.D) District Gautambudh Nagar to decide the application no 80(C) of the petitioner in original suit no. 695 of 2022 (Sumit Singhal versus District Magistrate and others)."
From perusal of the prayers made in the writ petition, the first prayer cannot be granted in view of Division Bench judgment rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB).
As far as the second prayer seeking a direction to decide application no.80(C) filed in Original Suit No.695 of 2022 is concerned, no useful purpose would be served in keeping the matter pending, or calling for counter affidavit, or issuing notice to private respondents, at this stage.
This Court directs the Additional Civil Judge (S.D.), Guatam Buddh Nagar to decide the application no.80(C) filed in Original Suit No.695 of 2022, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
With the aforesaid direction, present writ petition stands disposed of.
It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 4.11.2024
SK Goswami
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