Allahabad High Court
DINESH KUMAR SARSWATversusSURENDRA KUMAR
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court directed the Additional District Judge to conclude the pending revision within six months, dispensing with notice to the respondent.
Summary
The petitioner, Dinesh Kumar Sarswat, filed a petition under Article 227 of the Constitution seeking a direction to the Additional District Judge, Court No.3, Hathras, to dispose of Revision No. 73 of 2024 (Dinesh Saraswat vs. Surendra Kumar) within a reasonable time. The revision was filed on 18‑10‑2024 against the dismissal of SCC Suit No. 07 of 2003, a landlord‑tenant suit, and has been repeatedly adjourned, causing hardship to the petitioner. The petitioner submitted the order sheet showing the delay and prayed for an early conclusion of the matter. The High Court, after hearing counsel Shyam Kumar Pandey, dispensed with notice to the respondent and exercised its supervisory jurisdiction. It directed the lower court to endeavour to conclude the pending proceedings preferably within six months of the certified copy of the order, without unnecessary adjournments, provided no legal impediment exists. The petition was consequently disposed with the said direction.
Issues considered
- Whether the High Court, under its supervisory jurisdiction under Article 227, can direct a lower court to dispose of a pending revision within a stipulated period.
- Whether notice to the respondent may be dispensed with in such a petition.
Subjects
- Article 227
- Supervisory jurisdiction
- Revision
- Court adjournments
- Direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6245 of 2026
Dinesh Kumar Sarswat
.....Petitioner(s)
Versus
Surendra Kumar
.....Respondent(s)
Counsel for Petitioner(s) : Sanraj Yadav, Satyendra Singh, Shyam
Kumar Yadav
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Shyam Kumar Pandey, learned counsel for the petitioner.
The present petition has been filed seeking a direction to the Additional
District Judge, Court No.3, Hathras to decide Revision No. 73 of 2024
(Dinesh Saraswat vs. Surendra Kumar), within a stipulated time period.
The revision is stating to have been filed against dismissal of SCC Suit
No. 07 of 2003 filed by the petitioner-landlord.
Counsel for the petitioner has referred to the 'order sheet' of the case, a
copy whereof has been appended to the petition to point out that the
revision was instituted on 18.10.2024 and thereafter although several
dates have been fixed but for some reason or the other, the case has been
adjourned and the delay in disposal of the case is causing undue hardship
to the petitioner.
Accordingly, a prayer is made for a direction to conclude the proceedings
at an early date.
In view of the order proposed to be passed, issuance of notice to the
respondent is dispensed with.
Having regard to the aforesaid facts and circumstances, the present
petition is disposed of with an observation that the court concerned would
make an endeavor to conclude the proceedings of the case, which is stated
to be pending before it, preferably within a period of six months from the
A227 No. 6245 of 2026
2
date of presentation of a certified copy of this order, without granting any
unnecessary adjournments to either of the parties, provided there is no
other legal impediment.
(Dr. Yogendra Kumar Srivastava,J.)
May 5, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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