M/S Prince Enterprises vs State Of U.P. And Another

Alok Mathur, J

Heard learned counsel for the petitioner.

In light of the proposed order, notices to private respondents are dispensed with.

Instant writ petition has been filed by the petitioner for expeditious disposal of Suit No. 892/2022 (Anand Kumar Vs. Hanumant Lal).

It is urged that though the matter is being listed but for one reason or the other, the aforesaid matter is not being decided.

Learned counsel for the petitioner submits that grievance of the petition would be sufficiently met in case Civil Judge (Jr. Div.), Gonda, considers and decides the aforesaid case in a time bound manner.

I have heard learned counsel for the petitioner and perused the record.

Hon'ble Supreme Court in the case of Shaikh Uzma Feroz Hussain vs The State of Maharastra passed in Writ Petition (s) (Criminal) No. 587 of 2023 has observed as under:

"We are of the view that since every High Court and every court in the country has a huge pendency, the constitutional court should avoid temptation of fixing a time-bound schedule for disposal of any case before any court unless the situation is extra ordinary."

Considering the grounds raised by the petitioner and also considering the judgement of Hon'ble Supreme Court in the case of Shaikh Uzma Feroz Hussain (supra) liberty is given to petitioner to move an application for expeditious disposal before the trial court within next two weeks. The trial court is directed to consider and decide the same within three weeks thereafter in accordance with law and in case the trial court is of the view that a case for expediting the matter is made out, appropriate orders shall be passed thereupon.

In the light of the above, the petition is disposed of.