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Allahabad High Court

AJAI SHARMAversusUNION OF INDIA AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as premature, leaving the petitioner to pursue his application before the respondent on its own strength.

Summary

Petitioner Ajai Sharma filed a writ petition seeking a direction to Respondent No.2 to decide his application for early hearing of an appeal filed on 27.08.2026. The petition argued that the application required expeditious consideration. The Court observed that the petitioner had already filed the application for early hearing and that the writ petition was premature at this stage. Consequently, the Court dismissed the writ petition, allowing the petitioner to pursue his application before Respondent No.2 on its own merits. No substantive merits of the early hearing request were examined.

Issues considered

  • Whether a writ petition seeking a direction to decide an application for early hearing is maintainable at the stage when the application is pending
  • Whether the Court can intervene and direct the respondent to decide the application expeditiously

Subjects

  • writ petition
  • premature
  • early hearing
  • procedural law
  • jurisdiction
  • High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT TAX No. - 4013 of 2026

                                    Ajai Sharma
                                                                                               .....Petitioner(s)
                                                                       Versus

                                    Union Of India And 4 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)               :    Yogeshwar Rai
                                    Counsel for Respondent(s)               :    A.S.G.I., Ankur Agarwal

                                    Court No. - 39
                                                     HON'BLE SAUMITRA DAYAL SINGH, J.
                                                     HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Heard Sri Yogeshwar Rai, learned counsel for the petitioner and Sri
                                    Shalini Goel, learned counsel for the revenue.


                                    2. In view of the fact that the petitioner first filed application seeking
                                    early hearing of the appeal on 27.08.2026, the present petition filed
                                    seeking a direction upon respondent no.2 to decide the said application,
                                    expeditiously is pre-mature at this stage.


                                    3. Accordingly, the present writ petition is dismissed, at this stage,
                                    leaving it open to the petitioner to pursue his application filed before
                                    respondent no.2, on its own strength.



                                                   (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
                                    October 1, 2026
                                    Abhilash




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

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