Allahabad High Court
NAGENDRA SINGH AND ANOTHERversusSUNIL KUMAR GUPTA AND 3 OTHERS
- Decided
- Bench
- PIYUSH AGRAWAL
Holding
The High Court may, exercising its supervisory jurisdiction under Article 227, direct a subordinate court to decide a pending matter expeditiously without expressing an opinion on the merits.
Summary
The petitioners, Nagendra Singh and another, filed a petition under Article 227 seeking a direction to the Special Judge (EC Act) in Banda to decide SCC No. 20/2024 within a stipulated period, alleging irreparable loss due to the pending matter. The petitioners argued that the delay was causing them harm and requested that notice not be issued to the private respondents given the nature of the order sought. The High Court, after hearing counsel, declined to express any view on the merits of the underlying case. Instead, it disposed of the petition, directing the Special Judge to decide the matter expeditiously in accordance with law. No notice was ordered against the private respondents, and the petition was closed with a final direction for speedy disposal.
Issues considered
- Whether the High Court can, under Article 227, direct a Special Judge to decide a pending case within a stipulated time frame
- Whether issuance of notice to private respondents is necessary in a petition seeking supervisory direction
- Whether the petition is maintainable under Article 227 of the Constitution
Legislation cited
Subjects
- Article 227
- Supervisory jurisdiction
- Special Judge
- Election Commission Act
- Expeditious disposal
- Irreparable loss
- Petition under Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13833 of 2026
Nagendra Singh And Another
.....Petitioner(s)
Versus
Sunil Kumar Gupta And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Priti Choudhary
Counsel for Respondent(s) :
Court No. - 7
HON'BLE PIYUSH AGRAWAL, J.
Heard learned counsel for the petitioners.
No notice be issued to the private respondents taking into consideration the
nature of the order proposed to be passed.
The petitioners before this Court is seeking a direction to the Special Judge
(EC Act), Banda to decide the SCC No. 20/2024 within stipulated period of
time.
It is argued by the learned counsel for the petitioners that since the matter is
pending consideration, the petitioners are suffering irreparable loss.
Considering the facts and circumstances of the case, without expressing any
opinion on the merits of the issue, the present petition stands disposed of
finally with a direction to the concerned court below to consider and decide
the aforesaid case in accordance with law expeditiously.
(Piyush Agrawal,J.)
October 1, 2026
Amit Mishra
Digitally signed by :-
AMIT KUMAR MISHRA
High Court of Judicature at Allahabad
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