Allahabad High Court

VED PRAKASHversusGHAZIABAD DEVELOPMENT AUTHORITY AND ANOTHER

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition at the admission stage and directed the lower court to decide the pending application within a month, without adjudicating the merits.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Small Cause Court/Civil Judge (Senior Division), Ghaziabad, to decide a 6-C application filed in Original Suit No.470 of 2021. The High Court, finding no useful purpose in keeping the petition pending, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower court to decide the pending application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. The Court expressly stated that it had not adjudicated the merits of the case. The petition was therefore disposed of.

Issues considered

Whether a writ petition seeking a direction to a lower court can be disposed of at the admission stage without hearing the parties.
Whether the High Court can issue a mandatory time‑bound direction to a lower court to decide a pending application.

Subjects

Article 227
writ petition
direction
Small Cause Court
admission stage
procedural disposal
High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12367 of 2026

                                    Ved Prakash
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Ghaziabad Development Authority And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                                                :
                                    Counsel for Respondent(s)                                                :

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking a direction upon Judge, Small
                                    Cause Court/Civil Judge (Senior Division), Ghaziabad to decide 6-C
                                    application filed in Original Suit No.470 of 2021.

                                    2. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to private respondents, with a direction
                                    upon Judge, Small Cause Court/Civil Judge (Senior Division), Ghaziabad to
                                    decide 6-C application filed in Original Suit No.470 of 2021, in accordance
                                    with law, after hearing all affected parties, preferably within a period of one
                                    month from the date of production of certified copy of this order.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.

                                    5. Sri Umesh Kumar Singh, learned counsel has appeared for respondent
                                    no.1.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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