Allahabad High Court
JABITA KHATOONversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The High Court disposed of the writ petition by directing the respondents to decide the pending case expeditiously, preferably within six months, without granting unnecessary adjournments.
Summary
Petitioner Jabita Khatoon filed a writ petition seeking a mandamus directing the lower court to expedite the pending case No. 5012/2025 (Jabita Khatoon v. Hareram) and a computerized case T202505440205012 before the Tahsildar Hata, Kushinagar. The petitioner alleged that the case has been pending since 2025 with multiple dates fixed but no decision rendered. The High Court, after hearing counsel, noted that the petition itself serves no useful purpose if kept pending and, without addressing the merits of the underlying case, ordered the respondents to decide the matter expeditiously, preferably within six months of the certified copy of the order, after service and hearing, and to avoid unnecessary adjournments. The order was signed on 18 May 2026. The petition was thus disposed with a direction to expedite the lower court proceedings.
Issues considered
- What is the appropriate relief, if any, that a High Court can grant under Article 226 to compel a lower court to expedite a pending civil proceeding?
Subjects
- mandamus
- writ petition
- expeditious disposal
- civil procedure
- delay
- high court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19319 of 2026
Jabita Khatoon
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Kumar Gupta,
Avinash, Laxmi Shankar
Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing
Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"issue order or direction. in the nature of mandamus what
directing the learned court to expedite the proceedings of
Case No. 5012/2025 (Jabita khatoon v/s Hareram.) and
computerized Case No. T202505440205012 pending in the
court below Tahsildar Hata, Kushinagar."
3. Learned counsel for the petitioner states that the aforesaid case
is pending since 2025. It is further contended that several dates
have been fixed but the same has not been decided yet. He prayed
that the same may be decided, expeditiously.
4. No useful purpose would be served in keeping this petition
pending.
5. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, the present
petition stands disposed of finally with a direction to respondent
WRIC No. 19319 of 2026
2
No. 2 to consider and decide the aforementioned case, in
accordance with law, expeditiously, preferably within a period of
six months from the date of production of a certified copy of this
order after ensuring service upon all the opposite parties and
giving opportunity of hearing to the parties concerned and
without granting unnecessary adjournments to either of the
parties provided that there is no other legal impediment.
May 18, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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