Allahabad High Court
DURGA PRASAD MISHRAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The court held that the case must proceed and be disposed of within three months irrespective of the lawyers' strike.
Summary
The petitioner, Durga Prasad Mishra, filed a writ petition seeking expeditious disposal of a civil suit (Case No.4653 of 2022) under Section 144 of the U.P. Revenue Code, 2006, alleging that the proceedings were delayed due to a prolonged strike by lawyers. The court noted that the strike, while ongoing, should not prejudice the cause of justice, citing prior Supreme Court and High Court rulings that such strikes are illegal. Consequently, the court directed the concerned officer to fix weekly hearing dates, ensure party appearances through court processes or counsel, record witness evidence, and close cross‑examination if lawyers refuse to participate. The court further ordered that the matter be finally decided within three months of the order. The petition was disposed with these directions to ensure the case proceeds despite the strike.
Issues considered
- Whether the ongoing strike by lawyers justifies delay in the disposal of the civil suit.
- Whether the court can direct the continuation of proceedings and set timelines despite the strike.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- expeditious disposal
- lawyer strike
- case management
- Section 144
- U.P. Revenue Code
- evidence recording
- cross‑examination
- court directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34328 of 2026
Durga Prasad Mishra
.....Petitioner(s)
Versus
State of U.P. and 5 others
.....Respondent(s)
Counsel for Petitioner(s) : Vishveshwar Mani Tripathi
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 4
HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard Shri Vishveshwar Mani Tripathi, learned counsel for the
petitioner, learned Standing Counsel for the State-respondents and Shri
Sudhir Bharti, learned counsel for the respondent-Gaon Sabha.
2. This petition has been filed seeking expeditious disposal of Case
No.4653 of 2022 (Computerized Case No.T202205200104653) (Durga
Prasad Mishra v. Sandhya Mishra and others), under Section 144 of the
U.P. Revenue Code, 2006.
3. Record reflects that there are two private defendants in the suit, apart
from the State of U.P. and Goan Sabha.
4. Both the private respondents have filed joint written statement and the
matter is posted for evidence.
5. Order sheet further reflects that since 2022, lawyers have remained on
strike on most of the dates.
6. The very fact that lawyers are not cooperating with the proceedings
may not cause prejudice to the cause of justice and litigants cannot be
made to suffer on account of such strike, which otherwise, has
successively been held illegal by the Hon'ble Supreme Court as well as by
this Court.
7. In view of the above fact situation, this petition is disposed of with the
following directions:-
WRIC No. 34328 of 2026
2
(a). The officer concerned shall fix dates on weekly basis in
the aforesaid case;
(b). Irrespective of the strike by lawyers, he will proceed to
ensure appearance of the parties to the suit by due intimation
either through process of the Court or through counsel for the
parties;
(c). Evidence of witnesses shall be recorded and, in case,
lawyers are not inclined to cross-examine the witnesses,
opportunity to cross-examine shall stand closed;
(d). The matter shall be finally decided, in accordance with
law, within a period of three months from the date a copy of
this order is filed before the Court concerned.
(Kshitij Shailendra,J.)
September 8, 2026
Jyotsana
Digitally signed by :-
JYOTSANA SINGH
High Court of Judicature at Allahabad
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