Allahabad High Court
SACHIN SHARMAversusBHURA AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court held that, absent exceptional circumstances, it cannot direct a subordinate court to dispose of a suit within a stipulated time‑bound schedule.
Summary
Sachin Sharma filed a writ petition under Article 227 seeking a direction to the Civil Judge (S.D.) Amroha to decide his suit No. 21/2025 within a time‑bound schedule. The petitioner relied on the need for speedy disposal, while the respondents did not oppose. The High Court examined the recent Supreme Court decision in High Court Bar Association, Allahabad v. State of Uttar Pradesh (2024) which holds that constitutional courts should not fix time‑bound schedules for cases pending in lower courts except in exceptional circumstances. It also relied on the Division Bench judgment in Ali Shad Usmani v. Ali Isteba (2015) which declined to issue such directions, emphasizing judicial discretion of the trial court. Accordingly, the Court declined to direct the subordinate court and dismissed the petition, advising the petitioner to move an application before the trial court for expeditious disposal. The order was communicated to the concerned court and the writ petition was disposed of.
Issues considered
- Whether a High Court can issue a direction under Article 227 to a subordinate civil court to decide a suit within a stipulated time‑bound schedule.
- Whether the circumstances in the present case constitute an 'exceptional' situation justifying such a direction.
Legislation cited
- Constitution of India — s. Article 226, Article 227
Subjects
- Article 227
- Writ petition
- Expedited disposal
- Subordinate courts
- Judicial discretion
- Time‑bound schedule
- High Court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12641 of 2026
Sachin Sharma
.....Petitioner(s)
Versus
Bhura And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kumar Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"(i) direct the learned Civil Judge (S.D.) Amroha to decide original suit
No. 21/2025 (Sachin Sharma Vs. Bhura and others) within stipulated
period of time fixed by this Hon'ble Court."
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 Constitution 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:-
"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
A227 No. 12641 of 2026
2
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 to expedite the
proceedings pending before it.
5. The petitioner may, however, move an application for expeditious disposal of Suit
No. 21/2025 (Sachin Sharma Vs. Bhura and others) 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.
6. With the aforesaid direction, the writ petition stands disposed of.
7. Registrar (Compliance) to communicate this order to court concerned, within 48
hours.
September 14, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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