Allahabad High Court
BANNEY QURAISHIversusSMT CHUNNI AND ANOTHER
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court may issue a direction under Article 227 to the lower court to decide the pending rent case expeditiously, preferably within three months.
Summary
The petitioner, a landlord, filed a petition under Article 227 of the Constitution seeking a direction to the Additional Civil Judge (Junior Division), Kanpur Nagar, to decide a rent case (Rent Case No.12 of 2011 / New Rent Case No.1719 of 2022) within a stipulated time. The petitioner alleged that the case, instituted on 17 March 2011, had been repeatedly adjourned, causing undue hardship. The High Court examined the delay and, noting the absence of any legal impediment, dispensed with notice to the respondents. It directed the lower court to endeavour to dispose of the matter expeditiously, preferably within three months of the order, and to avoid unnecessary adjournments. The petition was consequently disposed with the said direction.
Issues considered
- Whether the High Court can, under Article 227, direct a lower civil court to expedite the disposal of a pending rent case within a specific time frame.
Legislation cited
- U.P. Act No. 13 of 1972 — s. 21(1)(a)
Subjects
- Article 227
- judicial review
- civil procedure
- rent case
- expeditious disposal
- adjournment
- landlord-tenant
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13286 of 2026
Banney Quraishi
.....Petitioner(s)
Versus
Smt Chunni And Another
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Akaram, Suresh Chandra Mishra
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Mohd. Akaram, learned counsel for the petitioner.
The present petition has been filed seeking a direction to the Additional
Civil Judge (Junior Division), Kanpur Nagar, to decide the Rent Case
No.12 of 2011 (New Rent Case No.1719 of 2022 [Banney Quraishi Vs.
Smt. Chunni Devi and Another], under Section 21(1)(a) of U.P. Act No.
13 of 1972, within a stipulated time period.
The petitioner has described himself to be the landlord-applicant in the
pending case.
Counsel for the petitioner has referred to the 'order sheet' of the case, a
copy whereof has been appended to the petition, to point out that the
proceedings were instituted on 17.3.2011, and thereafter although a fairly
large number of dates have been fixed, but for some reason or the other,
the matter is being adjourned and the delay in disposal of the case is
causing undue hardship to the petitioner.
Accordingly, the petitioner, by way of the present petition, seeks a
direction for proceedings to be expedited.
In view of the order proposed to be passed, notice to the respondents is
dispensed with.
Having regard to the aforesaid, the petition is disposed of with an
observation that the court/authority concerned would make an endeavour
to decide the aforesaid case, in accordance with law, expeditiously and
A227 No. 13286 of 2026
2
preferably within a period of three months, from the date of presentation
of a certified copy of this order, without granting any unnecessary
adjournments to either of the parties, provided there is no other legal
impediment.
(Dr. Yogendra Kumar Srivastava,J.)
September 23, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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