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Allahabad High Court

SMT. SHAKUNTALA DEVI AND 2 OTHERSversusUTTAR PRADESH JAL NIGAM (GRAMIN) AND ANOTHER

Decided

Holding

The High Court dismissed the writ petition and directed the subordinate civil judge to decide the pending application within eight months, emphasizing expeditious disposal and avoidance of unnecessary adjournments.

Summary

The petitioners, Smt. Shakuntala Devi and others, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Superintendent of Police) in Prayagraj to decide application 6G in Original Suit No. 212 of 2024 within a reasonable time. The petitioners argued that the application needed expeditious disposal. The Court observed that since the underlying suit was already pending, keeping the writ petition alive served no useful purpose. Consequently, the Court disposed of the writ petition, directing the civil judge to decide the application within eight months, without unnecessary adjournments, subject to any legal impediment. The order was pronounced on 18 May 2026 by Justice Vikas Budhwar.

Issues considered

  • What is the appropriate relief, if any, that a High Court can grant under Article 227 to ensure expeditious disposal of an application pending in a subordinate civil court?
  • Whether the writ petition should be dismissed on the ground that the underlying suit is already pending and the petition no longer serves a useful purpose.

Subjects

  • Article 227
  • writ petition
  • civil procedure
  • expeditious disposal
  • adjournments
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6826 of 2026

                                    Smt. Shakuntala Devi And 2 Others
                                                                                                    .....Petitioner(s)
                                                                         Versus

                                    Uttar Pradesh Jal Nigam (Gramin) And Another
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Jitendra Kumar Kushwaha, Niwas
                                                                       Kumar Gupta, Sanjai Singh Yadav
                                    Counsel for Respondent(s)        : Sanjay Kumar Om

                                    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 solitary relief claimed in the present writ petition is for a direction to
                                    the Court of Civil Judge (Senior Superintendent of Police) Prayagraj to
                                    decide the application 6G in Original Suit No. 212 of 2024, Smt. Shakuntala
                                    Devi etc. vs. Uttar Pradesh Jal Nigam etc. within stipulated time, as may
                                    deem fit and proper by this Hon'ble Court.

                                    4. Learned counsel prayed that the said application 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 Civil Judge (Senior Superintendent of Police) Prayagraj to decide the
                                    application 6G in Original Suit No. 212 of 2024, Smt. Shakuntala Devi etc.
                                    vs. Uttar Pradesh Jal Nigam etc, expeditiously, preferably within eight
                                    months, strictly in accordance with law, without granting any unnecessary
                                    adjournments, subject to legal impediment.

                                    May 18, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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