Allahabad High Court
UMAPATI PRASADversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that it may issue a direction under Rule 109 of the UPCH Act for the expeditious disposal of the pending suit within three months.
Summary
The petitioner, Umapati Prasad, filed a writ petition seeking a court direction for the expeditious disposal of a pending civil suit (Dhruvnarayan v. Shiv Dayal) that had been pending since 2024 before Respondent No.3. The petition invoked Rule 109 of the UPCH Act to compel the respondent to decide the suit within a fixed period. The State's standing counsel raised no objection to the request. The High Court, after considering the submissions, held that justice required the case to be decided promptly and ordered Respondent No.3 to decide the suit within three months of service of the order. Accordingly, the writ petition was disposed with the direction for expeditious disposal of the pending case.
Issues considered
- Whether the High Court can, under Rule 109 of the UPCH Act, direct a respondent to decide a pending civil suit within a specified time frame
Legislation cited
- UPCH Act — s. Rule 109
Subjects
- writ petition
- expeditious disposal
- Rule 109
- UPCH Act
- civil suit
- direction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4096 of 2026
Umapati Prasad
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akshay Kumar Shukla, Navneet Lal
Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Navneet Lal Srivastava , learned counsel for the petitioner,
learned Standing Counsel for the State-respondent .
Considering the nature of the order proposed to be passed notice upon the
private respondents is hereby dispensed with.
The limited prayer made by learned counsel for the petitioner is to issue a
direction to decide the proceedings of Case No. 202454054465010427
(Dhruvnarayan versus Shiv Dayal) under Rule 109 of UPCH Act, stated to
be pending before the respondent No. 3 within a time frame fixed by this
Court.
Learned counsel for the petitioner submits that case filed by the petitioner is
pending consideration since 2024 and the purpose of filing the present
petition would stand served if appropriate directions are issued to the
respondent No. 3 to consider and decide the aforesaid case within a time
frame fixed by this Court.
Learned Standing Counsel has no objection to the aforesaid proposition.
Considering the totality of the circumstances and submissions advanced by
learned counsel for the petitioners, this Court is of the opinion that ends of
justice would stand sub served if directions are issued for expeditious
disposal of aforesaid case.
Accordingly, the present petition is disposed of by requiring the respondent
WRIB No. 4096 of 2026
2
No. 3 seized with the Case No. 202454054465010427 (Dhruvnarayan versus
Shiv Dayal) under Rule 109 of UPCH Act, to consider and decide the same,
expeditiously, preferably, within a period of three months upon service of
certified copy of the order of this Court, in accordance with law.
(Ashutosh Srivastava,J.)
September 23, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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