Allahabad High Court
DEVESH KUMAR GOELversusNEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage, with a direction to the concerned court to decide the pending Civil Appeal No. 64 of 2016 within six months.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) to decide Suit No. 374/2001 within a stipulated time. The petitioner later clarified that the suit had already been decided and the real relief sought was the expeditious disposal of Civil Appeal No. 64 of 2016, which remains pending. The Court observed that the prayer in the writ petition was incorrect and that keeping the matter pending served no useful purpose. Consequently, the Court disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice, and directed the concerned court to decide the pending appeal within six months of the order. The Court expressly stated that it did not adjudicate the merits of the underlying dispute.
Issues considered
- What is the appropriate relief that can be granted in a writ petition under Article 227 when the petitioner seeks direction for disposal of a pending civil appeal?
- Whether the writ petition should be entertained for directing the trial court to decide a suit that has already been decided
Subjects
- Article 227
- Writ petition
- Civil Appeal
- Expeditious disposal
- Procedural jurisdiction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13268 of 2026
Devesh Kumar Goel
.....Petitioner(s)
Versus
New Okhla Industrial Development Authority And
Another .....Respondent(s)
Counsel for Petitioner(s) : Amit Singh Yadav, Gautam Kumar
Counsel for Respondent(s) : Kaushalendra Nath Singh
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"I. to direct the Learned Civil Judge (Senior Division)) Gautam Budh
Nagar to decide the Suit No. 374/2001 (Devendra Kumar Goel Versus
New Okhla Industrial Development Authority and Another) within
stipulated time as prescribed by this Hon'ble Court."
2. At the very outset, learned counsel for petitioner states that wrong prayer
has been made and suit itself has been decided against which Civil Appeal
No. 64 of 2016 has been preferred, which is pending consideration. The sole
prayer made is for expeditious disposal of the appeal filed in the year 2016
and not for disposal of the suit which has already been decided.
3. 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 court concerned to decide the Civil Appeal No. 64 of 2016, in
accordance with law, after hearing all affected parties, preferably within a
period of six months from the date of production of certified copy of this
order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
September 23, 2026
(V. S. SINGH)
(Rohit Ranjan Agarwal,J.)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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