Allahabad High Court
Smt. Rani Devi vs State Of U.P. And 2 Others on 4 April, 2022
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 8595 of 2022 Petitioner :- Smt. Rani Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Babu Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
On oral prayer made, learned counsel for the petitioner is permitted to implead the Tribunal as respondent in the array of parties during the course of the day.
Solitary grievance of the petitioner appears to be, proceedings in M.A.C.P. No. 612 of 2011 (Smt. Rani Devi Vs. Lala Prasad Kesharwani and Others) have remained pending before the respondent No. 4 for very long.
Perusal of the order sheet annexed to the writ petition, does not indicate that the aforesaid proceedings have been delayed on account of any conduct of the petitioner-claimant. The petitioner further claims that she lost her husband. She claims financial distress on account of dependency of five children.
In such circumstances, it is difficult to understand how the proceedings have remained pending for more than eleven years. Though, last two years have been lost largely on account of the circumstances arising from the spread of the pandemic COVID-19, yet, it is felt that the proceedings should have been completed long back.
Accordingly, no useful purpose may be served in keeping the present petition or calling for a counter affidavit at this stage. The writ petition is disposed of with the following directions:
(i) The petitioner shall place a copy of this order before the learned Tribunal within a period of two weeks from today alongwith a proper application seeking early hearing.
(ii) Upon such compliance being made by the petitioner, the Tribunal shall fix short/appropriate date in the matter and make best efforts to ensure presence of the respondent-defendants.
(iii) The Tribunal may draw its tentative schedule within which the proceedings and different stages may be concluded such that the claim proceeding may be concluded within a period of six months from the date of first compliance made by the petitioner.
On its part, the petitioner undertakes not to seek any adjournment for a period of next six months.
Order Date :- 4.4.2022 Faraz