Allahabad High Court
SD JAIN HOSTELversusTAX SUPERINTENDENT NAGAR NIGAM AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The High Court directed the Small Cause Court to decide the pending suit expeditiously, restricting adjournments to exceptional cases and not beyond two weeks at a stretch.
Summary
The petitioners, S.D. Jain Hostel, filed a writ petition under Article 227 seeking a directive that the Small Cause Court, Allahabad, promptly decide a pending civil suit (Misc. Case No.62 of 2011) arising from an assessment appeal under Section 472 of the Municipal Corporation Act, 1959. The petition alleged that the lower court was causing undue delay and unnecessary adjournments. The High Court noted that keeping the writ petition pending served no useful purpose while the suit itself remained unresolved. Consequently, the Court disposed of the writ petition, issuing a specific order directing the Small Cause Court to decide the matter expeditiously, without unnecessary adjournments and limiting any adjournment to a maximum of two weeks in exceptional circumstances. The order was signed by Justice Vikas Budhwar and entered on May 6, 2026.
Issues considered
- Whether the High Court can issue a mandatory direction to the Small Cause Court to decide a pending suit within a specified time frame and limit adjournments under its supervisory jurisdiction under Article 227.
Legislation cited
- Municipal Corporation Act, 1959 — s. 472
Subjects
- Article 227
- Writ Petition
- Small Cause Court
- Expeditious Trial
- Adjournment
- Municipal Tax Assessment
- Supervisory Jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5846 of 2026
Sd Jain Hostel
.....Petitioner(s)
Versus
Tax Superintendent Nagar Nigam And Another
.....Respondent(s)
Counsel for Petitioner(s) : Agam Jain, Aklank Kumar Jain
Counsel for Respondent(s) : Krishna Kant Pandey
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The present petition has been preferred for seeking the following reliefs:-
"Issue a suitable order or direction commanding the Court of Judge Small
Cause, Allahabad to consider and decide the Misc. Case bearing Misc. Case
No.62 of 2011 (S.D. Jain Hostel Vs. Tax Superintendent, Nagar Nigam,
Allahabad and Another) arising out of Assessment Appeal No.20 of 2008
under Section 472 of the Municipal Corporation Act, 1959 in accordance
with law within a period of time specified by the Hon'ble Court during the
pendency of the instant".
4. Learned counsel prayed that the said suit may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the Judge Small Cause, Allahabad to consider and decide the Misc. Case
bearing Misc. Case No.62 of 2011 (S.D. Jain Hostel Vs. Tax Superintendent,
Nagar Nigam, Allahabad and Another) arising out of Assessment Appeal
No.20 of 2008 under Section 472 of the Municipal Corporation Act, 1959,
expeditiously, strictly in accordance with law, without granting any
unnecessary adjournments, subject to legal impediment In case, any
adjournment is granted, the same shall be in exceptional circumstances and
A227 No. 5846 of 2026
2
not beyond two weeks at a stretch.
May 6, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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