Allahabad High Court

M/S V.P. BUILDERSversusSTATE OF U.P. AND ANOTHER

Decided: 13 September 2026
Bench: VIKRAM D CHAUHAN

Holding

The High Court cannot issue a mandamus for time‑bound disposal of the case absent exceptional circumstances.

Summary

M/s V.P. Builders filed a petition under Article 227 seeking a mandamus directing the Additional Civil Judge (Junior Division)/Judicial Magistrate Court No.10, Mathura to dispose of a complaint under Section 138 of the Negotiable Instruments Act (case No. 54778 of 2025) in a time‑bound manner. The petitioner argued that the proceedings should be concluded promptly, while the State emphasized the need for speedy trial and cited the Supreme Court’s decision in High Court Bar Association v. State of U.P. (2023 INSC 150). The Court held that constitutional courts may impose time‑bound schedules only in exceptional circumstances, which the petitioner failed to demonstrate. Consequently, the petition was dismissed, with liberty granted to the petitioner to approach the lower court for expeditious disposal and for the prosecution and accused to cooperate without unnecessary adjournments.

Issues considered

Whether the High Court can issue a mandamus directing a lower court to dispose of a case within a specified time frame.
Whether the petitioner has shown exceptional circumstances justifying such a direction.

Legislation cited

Negotiable Instruments Act — s. 138, 143(3)

Subjects

mandamus
time‑bound disposal
exceptional circumstances
speedy trial
Negotiable Instruments Act
Article 227
High Court jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12664 of 2026

M/S V.P. Builders
.....Petitioner(s)
Versus

State of U.P. and Another
.....Respondent(s)

Counsel for Petitioner(s) : Sourabh, Vijay Raj Pal
Counsel for Respondent(s) : G.A.

Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the petitioner and learned AGA for the State.

2. The present petition has been filed by the petitioner with the following
relief:-

"i. Issue order or direction in the nature of mandamus directing the
Additional Civil Judge (Junior Division )/Judicial Magistrate, Court No.
10, Mathura to decide Complaint Case No.54778 of 2025, (M/s. V.P.
Builders Vs. Hoti Lal Tomar), Under section 138 N.I. Act, Police Station
Highway, District Mathura, as per Section 143(3) N.I. Act, pending in the
Court of Additional Civil Judge (J.D.) / Judicial Magistrate Court No. 10,
Mathura,"

3. Learned counsel for the petitioner submits that the proceedings before
the court concerned be directed to be concluded in a time bound manner.
It is submitted by learned counsel for the petitioner that the petitioner is
the complainant before the court concerned.

4. Learned AGA submits that the speedy trial is one of the essential
requirement of judicial process and he submits that the present petition
may be decided in terms of judgement dated 29.2.2024 passed by
Supreme Court in High Court Bar Association, Allahabad Vs State of
U.P and others – 2023 INSC 150.

5. The prayer in the present petition by the petitioner is for disposal of the
above mentioned case in a time bound manner. The Supreme Court in a
A227 No. 12664 of 2026
2

recent judgement dated 29.2.2024 being High Court Bar Association,
Allahabad Vs State of U.P and others (supra) has held as under :-

"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
concerned Courts where the cases are pending; and"

6. Learned counsel for the petitioner has not shown any exceptional
circumstances to issue direction at this stage. Considering the nature of
prayer made by counsel for the petitioner, the interest of justice would be
served, in the event, the petitioner applies before the court concerned for
expeditious disposal of the above mentioned case.

7. In view of the aforesaid, the present petition is disposed of with liberty
to the petitioner to prefer an application before the court concerned for
disposal of the above mentioned case in a time bound manner. In the
event any such application is filed by the petitioner before the court
concerned, the court concerned shall consider the same and pass
appropriate order in accordance with law. It goes without saying that the
prosecution shall co-operate in the trial court proceeding and shall
produce the prosecution witness without delay. The accused person shall
also not be granted any unnecessary adjournment by the court concerned.

8. It is also provided that in the event there is any legal impediment before
the court concerned in disposal of the case, then the court concerned shall
pass an appropriate order disclosing the legal impediment as to why the
proceedings of the above mentioned case cannot be proceeded with.

9. The present petition is accordingly disposed of with the aforesaid
direction.

(Vikram D. Chauhan,J.)
September 14, 2026
VMA

Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad

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