Allahabad High Court
SRI MANMOHAN GUPTAversusSRI BALAJI ACTION MEDICAL INSTITUTE AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the State Consumer Disputes Redressal Commission to decide the pending appeal within six months, without adjudicating the merits of the writ petition.
Summary
The petitioner, Sri Manmohan Gupta, filed a writ petition under Article 227 seeking a direction to the U.P. State Consumer Disputes Redressal Commission (SCDRC) to decide Appeal No. A/1304/2023, which was filed against an order of the District Consumer Disputes Redressal Commission, on merits and without unnecessary adjournments. The Court noted that the appeal before the SCDRC was pending and that continued delay served no useful purpose. Relying on its supervisory jurisdiction, the Court directed the SCDRC to hear all affected parties and decide the appeal within six months of the certified copy of the order, without adjudicating the merits of the petition itself. No counter‑affidavit was called and no notice was issued to the private respondents. The writ petition was disposed of on the basis of the direction issued. The judgment expressly states that the matter was not decided on its merits.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction under Article 227, direct the State Consumer Disputes Redressal Commission to decide a pending appeal expeditiously.
- Whether such a direction can be issued without hearing the respondents or calling a counter‑affidavit.
Subjects
- Article 227
- Consumer Disputes Redressal Commission
- expeditious disposal
- writ petition
- direction
- appeal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 13881 of 2026
Sri Manmohan Gupta
.....Petitioner(s)
Versus
Sri Balaji Action Medical Institute And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Harsh Vardhan Gupta
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"I. Issue an appropriate order or direction commanding Respondent
No.1, U.P. State Consumer Disputes Redressal Commission, Lucknow, to
decide the Appeal No. A/1304/2023, on merits and finally decide the
aforesaid appeal expeditiously, within stipulated period as fixed by this
Hon'ble Court, without granting unnecessary adjournments to either
party, subject to reasonable opportunity of hearing to all concerned."
2. It is contended by learned counsel for the petitioner that against the order
of District Consumer Disputes Redressal Commission, an appeal has been
preferred before State Consumer Disputes Redressal Commission, Lucknow,
which is pending consideration.
3. Learned counsel for petitioner submits that said Appeal No. A/1304/2023
be decided expeditiously.
4. 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 respondent no. 1 to decide the Appeal No. A/1304/2023, 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.
5. With the aforesaid directions, writ petition stands disposed of.
A227 No. 13881 of 2026
2
6. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
October 1, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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