Allahabad High Court
Vineet Kumar Pandey vs State Of U.P. & Anr. on 20 July, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 282 of 2010 Petitioner :- Vineet Kumar Pandey Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Devraj Singh Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
The only relief claimed in this petition is a mandamus to command the court below to decide Suit No. 401 of 2010.
The suit has been filed by the petitioner only on 17.04.2010. A perusal of the order sheet goes to show that notice have been issued to the defendants and the proceedings are underway. It is very well settled that every court is entitled to maintain its diary, which is not to be lightly interfered with by the superior court. Equally settled proposition is that normally no mandamus should be issued directing the subordinate court to proceed in a particular manner or in a time bound frame, unless it is demonstrated that there is total failure on the part of the said court to undertake the proceeding.
A perusal of the order sheet filed along with the writ petition goes to show that suit proceedings are undertaken by the court below in accordance with the procedure prescribed by the Code. Further no good grounds have been made out by the petitioner to direct the expeditious disposal of the suit over and above other cases which may be pending before the court concerned since much before. In view of above, the relief prayed for is not liable to be allowed. The writ petition, accordingly, fails and stands dismissed. 20.07.2010 VKS/ WP 282/10