Allahabad High Court
SMT USHA DEVI AND ANOTHERversusSHRINIWAS SHARMA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the pending application and disposed of the writ petition at the admission stage without adjudicating the merits.
Summary
The petitioners, Smt Usha Devi and another, filed a writ petition under Article 227 of the Constitution seeking a direction to the Civil Judge (Senior Division) of Gautam Budh Nagar to decide a specific application (6‑C2) filed in Original Suit No.1289 of 2026. The High Court examined whether it could intervene at the admission stage without hearing the respondent or requiring a counter‑affidavit. Finding that the petition served no useful purpose if left pending, the Court disposed of the writ at the admission stage, issuing a directive that the Civil Judge decide the application within one month of receiving a certified copy of the order. The Court expressly clarified that it had not adjudicated the merits of the underlying suit. Consequently, the writ petition was dismissed without any substantive determination on the merits. The order underscores the Court’s supervisory jurisdiction under Article 227 while emphasizing procedural efficiency.
Issues considered
- What is the scope of the High Court's supervisory jurisdiction under Article 227 to direct a lower court to decide a pending application?
- Can a writ petition be disposed of at the admission stage without hearing the respondent or requiring a counter‑affidavit?
Subjects
- Article 227
- Writ petition
- Civil Procedure
- Admission stage disposal
- Judicial supervision
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13403 of 2026
Smt Usha Devi And Another
.....Petitioner(s)
Versus
Shriniwas Sharma
.....Respondent(s)
Counsel for Petitioner(s) : Amit Pandey, Santosh Kumar
Kesarwani
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking a direction upon learned Civil
Judge (Senior Division), Gautam Budh Nagar to decide 6-C2application
filed in Original Suit No.1289 of 2026.
2. 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 the sole respondent, with a direction
upon Civil Judge (Senior Division), Gautam Budh Nagar to decide 6-
C2application filed in Original Suit No.1289 of 2026, in accordance with
law, after hearing all affected parties, preferably within a period of one
month from the date of production of certified copy of this order.
3. With the aforesaid direction, present writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the case on merit.
(Rohit Ranjan Agarwal,J.)
September 24, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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