Allahabad High Court

RIZWAN MIYAversusMANOJ KUMAR AND 3 OTHERS

Decided: 29 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court, exercising its supervisory jurisdiction under Article 227, disposed of the writ petition at the admission stage and directed the Small Causes Court to decide the pending 6-C application without adjudicating the merits.

Summary

Rizwan Miya filed a writ petition under Article 227 seeking a direction to the Small Causes Court, Bareilly, to decide a 6-C application pending in Original Suit No. 407 of 2026. The petition argued that the Small Causes Court should be compelled to hear and dispose of the application promptly. The High Court, after considering the petition at the admission stage, found no merit in further hearing and chose to dispose of the writ without calling for a counter‑affidavit or issuing notice to private respondents. It issued a direction that the Small Causes Court decide the 6-C application in accordance with law, after hearing all affected parties, within one month of receiving a certified copy of the order. The Court expressly stated that it had not adjudicated the substantive issues of the case. Consequently, the writ petition was disposed of without a merits decision.

Issues considered

Whether the High Court should entertain the writ petition and issue a direction to the Small Causes Court to decide the pending 6-C application under its supervisory jurisdiction under Article 227.

Subjects

Article 227
writ petition
Small Causes Court
6-C application
admission stage disposal
supervisory jurisdiction
direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 13682 of 2026

                                    Rizwan Miya
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Manoj Kumar And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Raj Kumar Pandey
                                    Counsel for Respondent(s)        : Anadi Krishna Narayana,              Manish
                                                                       Trivedi

                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking a direction upon learned Small
                                    Causes Court, Bareilly to decide 6-C application filed in Original Suit
                                    No.407 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 private respondents, with a direction
                                    upon Small Causes Court, Bareilly to decide 6-C application filed in
                                    Original Suit No.407 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 30, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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