Mahesh Chandra Srivastava vs. High Court Of Allahabad (At Lucknow)

ITEM NO.15 COURT NO.2 SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 107/2023

MAHESH CHANDRA SRIVASTAVA Petitioner(s)

VERSUS

HIGH COURT OF ALLAHABAD (AT LUCKNOW) & ORS. Respondent(s)

(FOR ADMISSION and IA No.20702/2023-GRANT OF INTERIM RELIEF and IA No.20704/2023-EXEMPTION FROM FILING O.T. )

Date : 03-02-2023 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE C.T. RAVIKUMAR

For Petitioner(s) Mr. Aditya Jain, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Heard learned counsel appearing for the petitioner.

By this petition under Article 32 of the Constitution of India, the petitioner is seeking a Writ of Mandamus against a High Court to decide the Writ Petition filed by him within a time bound schedule.

Firstly, we must note here that the High Court, being a Constitutional Court is not subordinate to this Court. Secondly, as far as the priority is concerned, the same should be normally left to the concerned High Court. Every High Court has a different scenario when it comes to the pendency of old cases. It is only in exceptional cases that this Court can request the High Court to decide a particular pending case within the time specified.

No case for entertaining this petition under Article 32 of the Constitution is made out.

If an application is made by the petitioner for expeditious hearing and if the High Court is satisfied that the case deserves to be given out of turn hearing, we are sure that the High Court will consider said request.

The Writ Petition is rejected.

Pending applications stand disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)