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Allahabad High Court

ANIL KUMAR SINGHversusNAGAR NIGAM VARANASI, TAX SUPERINTENDENT NAGAR NIGAM VARANASI AND 6 OTHERS

Decided

Holding

The High Court directed the Small Causes Court, Varanasi, to decide the pending miscellaneous appeal within four months, without deciding the merits of the appeal.

Summary

The petitioner, Anil Kumar Singh, filed a writ petition under Article 227 seeking a direction for the Small Causes Court, Varanasi, to decide the pending Nagar Nigam Miscellaneous Appeal No. 147 of 2022 within a stipulated period. The petition solely requested expeditious disposal of that appeal and did not raise any substantive issues on the merits of the appeal itself. The High Court observed that no further procedural steps such as counter‑affidavits or notices were necessary and, at the admission stage, issued a direction for the Small Causes Court to decide the appeal within four months of the order. The Court expressly clarified that it was not adjudicating the merits of the underlying dispute. Consequently, the writ petition was disposed of with the said direction.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can direct a lower court to decide a pending appeal within a specified time frame
  • Whether a writ petition seeking only an expeditious disposal of a pending appeal is maintainable

Subjects

  • Article 227
  • writ petition
  • expeditious disposal
  • Small Causes Court
  • miscellaneous appeal
  • supervisory jurisdiction
  • direction to lower court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 12392 of 2026

Anil Kumar Singh
                                                               .....Petitioner(s)
                                    Versus

Nagar Nigam Varanasi, Tax Superintendent Nagar
Nigam Varanasi And 6 Others                                  .....Respondent(s)

Counsel for Petitioner(s)                :   Ashwini Kumar, Subedar
Counsel for Respondent(s)                :   Vineet Sankalp

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

1. Heard learned counsel for petitioner and Sri Vineet Sankalp, learned
counsel for respondent no. 1.

2. This writ petition has been filed with the following prayer;

     "Issue a direction directing the Court of Judges Small Causes Court,
     Varanasi, to decide the Nagar Nigam Misc. Appeal No. 147 of 2022 (Anil
     Kumar Singh Vs. Nagar Nigam, Varanasi and others), pending before in
     the Court of Judges Small Causes Court, Varanasi Varanasi, within
     stipulated period."

2. It is contended that a misc. appeal being Nagar Nigam Misc. Appeal
No. 147 of 2022 is pending consideration before the Judge, Small Causes
Court, Varanasi. The sole prayer made in writ petition is for expeditious
disposal of the said appeal.

3. No useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to private respondents, writ
is being disposed of, at the admission stage, with a direction upon the
Judge, Small Causes Court, Varanasi to decide Nagar Nigam Misc.
Appeal No. 147 of 2022, in accordance with law, after hearing all affected
parties, preferably within a period of four months from the date of
production of certified copy of this order.

4. With the aforesaid directions, writ petition stands disposed of. It is
                                                                                           A227 No. 12392 of 2026
                                                                   2


                                    made clear that this Court has not adjudicated the matter on merits.



                                                                                   (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    Shekhar




Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad


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