Court No. - 4 Case :- WRIT - C No. - 43020 of 2010 Petitioner :- Raghopal Respondent :- Vedpal And Others
Petitioner Counsel :- Ajay Rajendra
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
The sole grievance of the petitioner is that two regular appeals
numbered as 268 of 2005 and 269 of 2005 are pending before
lower appellate court for the last 5 years and are not being
decided. A prayer has been made to issue a mandamus to
command the Additional District Judge, Meerut where the the said
appeals are stated to be pending to decide the same within two
months.
It is very well settled that every court is entitled to maintain its
diary, which is not to be lightly interfered with by the superior court.
Equally settled proposition is that normally no mandamus should
be issued directing the subordinate court to proceed in a particular
manner or in a time bound frame, unless it is demonstrated that
there is total failure on the part of the said court to undertake the
proceeding.
In the present case, the proceeding are being undertaken by the
subordinate court in accordance with the procedure prescribed by
the Code. It is a matter of common knowledge that diary of all the
courts are highly congested. Further the petitioner has failed to
make out any good ground to issue a mandamus directing the
court below to decide his cases expeditiously over and above
other cases which may be pending since much before before the
court concerned.
In view of above, the mandamus prayed for is not liable to be
allowed. The writ petition, accordingly, fails and stands dismissed.
26.07.2010
VKS/ WP 43020/10