Allahabad High Court
SMT VITAN DEVI AND ANOTHERversusSHRI BHAGWAN SINGH AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
Since the petitioners withdrew their challenge, the writ petition is disposed with a direction to move an application before the lower court to expedite the suit.
Summary
The petitioners, Smt Vitan Devi and another, filed a writ petition under Article 227 seeking a direction to the lower court to expedite Suit No. 405 of 2021. Their counsel clarified that they were not pressing the original prayer but only wanted the lower court to speed up the pending suit. The petitioners subsequently gave up their challenge to the impugned order, effectively withdrawing the substantive relief sought. The High Court therefore disposed of the writ petition, directing the petitioners to file an application before the concerned court to expedite the suit and to decide it within ten days, in line with the Supreme Court’s decision in High Court Bar Association v. State of Uttar Pradesh (2024). The direction also required the lower court to consider the Supreme Court judgment within two weeks. Consequently, the writ petition stands disposed.
Issues considered
- Whether the High Court can direct a lower court to expedite a pending suit under Article 227
- Whether a petitioner’s withdrawal of challenge to an impugned order warrants dismissal of the writ petition
Subjects
- Article 227
- writ petition
- expediting suit
- withdrawal of challenge
- procedural direction
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 7795 of 2026
Smt Vitan Devi And Another
.....Petitioner(s)
Versus
Shri Bhagwan Singh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Yogendra Pati Tripathi
Counsel for Respondent(s) : Vishal Mishra
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for petitioners.
2. Sri Y.P. Tripathi, learned counsel for petitioners, at the very outset, states
that he is not pressing the prayer made in the writ petition and is confining
only for a direction upon court below to expedite the Suit No. 405 of 2021.
3. As counsel for petitioners has given up challenge to order impugned, the
writ petition is disposed of requiring the petitioner to move an application
before court concerned for expediting the said suit. In case, such application
is moved, within 10 days from today, the court concerned shall proceed with
the said application and decide the same in the light of judgement of
Constitution Bench of Hon'ble Apex Court rendered in case of High Court
Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024)
6 SCC 267, within next two weeks.
4. With the aforesaid directions, the writ petition stands disposed of.
(Rohit Ranjan Agarwal,J.)
September 18, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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