Allahabad High Court

SMT. SAVITA DEVIversusSHRAWAN KUMAR AND 12 OTHERS

Decided: 8 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court held that, in the absence of exceptional circumstances, it cannot issue a direction under Article 227 to compel a subordinate court to dispose of a suit within a stipulated period.

Summary

The petitioner, Savita Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) in Chandauli to decide a civil suit (Case No.44 of 2019) within a stipulated period, alleging irreparable loss. The Court examined the Supreme Court’s decision in High Court Bar Association v. State of Uttar Pradesh (2024) which restricts constitutional courts from imposing time‑bound schedules on lower courts except in exceptional cases. It also relied on the Division Bench judgment in Ali Shad Usmani v. Ali Isteba (2015) which declined to order expeditious hearing of a civil suit. Applying these precedents, the Court concluded that it lacks authority to direct the subordinate court for expedited disposal absent extraordinary circumstances. Consequently, the petition was dismissed, with the Court advising the petitioner to move an application directly before the lower court for any urgent relief. The writ petition was therefore disposed of.

Issues considered

Can a High Court, under Article 227, direct a subordinate civil court to decide a pending suit within a stipulated time?
Does the Supreme Court’s precedent restricting time‑bound schedules for lower courts preclude such a direction?
Are there any exceptional circumstances that would justify the High Court’s intervention for expeditious disposal?

Legislation cited

Constitution of India — s. Article 226, Article 227

Subjects

Article 227
writ petition
expedited disposal
judicial administration
time‑bound schedule
civil suit
high court direction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 12378 of 2026

Smt. Savita Devi
.....Petitioner(s)
Versus
Shrawan Kumar And 12 Others
.....Respondent(s)

Counsel for Petitioner(s) : Ramesh Kumar Mishra
Counsel for Respondent(s) :

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

1. This writ petition has been filed with the following prayer:-

"It is, prayed therefore, most this that respectfully Hon'ble court may graciously be pleased

to direct the Civil Judge J.D.), Chandauli to decide Case No.44 of 2019 (Sushila Devi Vs.

Shrawan Kumar and others) within stipulated and reasonable period as fixed by this

Hon'ble Court otherwise petitioners shall suffer irreparable loss and injury."

2. Recently, the Constitution Bench of Hon'ble Supreme Court in High Court Bar
Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267
has held that Constitutional Courts should refrain from fixing a time-bound schedule
for the disposal of cases pending before any other courts. The Court further held that
issue of prioritising the disposal of cases should be best left to the decision of the
courts concerned where the cases are pending. Relevant para 47.3 of the said judgment
is extracted hereasunder :-

"Constitutional courts, in the ordinary course, should refrain from fixing a time-bound

schedule for the disposal of cases pending before any other courts. Constitutional courts

may issue directions for the time-bound disposal of cases only in exceptional

circumstances. The issue of prioritising the disposal of cases should be best left to the

decision of the courts concerned where the cases are pending;"

3. The Division Bench of this Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ
250 (DB) has held that no direction can be issued to the sub-ordinate courts for
deciding the suit within stipulated period. Relevant portion of the judgment is
extracted hereasunder:-
A227 No. 12378 of 2026
2

"We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is

pending before the Civil Judge (Junior Division), District- Azamgarh. It would be most

inappropriate to Court to entertain a writ petition under Article 226 and/or under Article

227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such

orders, if granted, place a class of litigants, who move the court in a separate and

preferential category whereas other cases which may be of similar or greater antiquity and

urgency are left to be decided in the normal channel. Hence, any such direction may be

issued with the greatest care and circumspection by the High Court otherwise the Civil

Courts will be overburdened only with requests for expeditious disposal of suits, which

have been expedited by the High Court. Most of the litigants cannot afford the expense of

moving the High court and would not, therefore, be in a position to have the benefit of such

an order.

Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to

determine whether a ground for urgency has been made out. We emphasize that there may

be other cases such as involving senior citizens, those who are differently abled or people

suffering from a particular disablilty socio-economic or otherwise which may prime cause

of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind

and decide whether the hearing of the suit to be expedited.

For these reasons, we are not inclined to entertain the petition. The petition is,

accordingly, dismissed. There shall be no order as to cost."

4. In view of above, this Court declines to direct the Court below for expediting the
proceedings pending before it.

5. The petitioner may, however, move an application for expeditious disposal of the
Case No.44 of 2019 before the Court concerned, who will decide the same on the
basis of pendency of cases before it and also keeping in mind the dictum of Hon'ble
Apex Court as noted above.

6. With the aforesaid direction, the writ petition stands disposed of.

7. Registrar (Compliance) to communicate this order to the Court concerned within 48
hours.

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

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

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