Allahabad High Court High Court

Jagat Narayan vs State Of U.P. & Another on 11 August, 2010

Allahabad High Court
Jagat Narayan vs State Of U.P. & Another on 11 August, 2010
Court No. - 6

Case :- WRIT - C No. - 47162 of 2010

Petitioner :- Jagat Narayan
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Shivendra Bahadur
Respondent Counsel :- C.S.C.

Hon'ble Krishna Murari,J.

Heard learned counsel for the petitioner.

The sole relief claimed in this petition is a mandamus commanding
respondent no.2 to decide Revision No.374/402/K-2009 expeditiously within
the stipulated period is fixed by this Court.

It is well settled that every court is entitled to maintain its own diary and the
same is not to be lightly interfered with.

Equally well settled is the principle that normally mandamus should not be
issued by the superior court directing the subordinate court to decide the
proceedings in a particular manner or within a time bound frame unless it is
demonstrated that there is total failure on the part of the court to undertake the
proceeding.

Besides above, there exists no good ground for expeditious disposal of the
Revision filed by the petitioner over and above the other case, which may be
pending before the court concerned since much before.

In view of above, the relief prayed for at this stage cannot be granted. The
writ petition stands dismissed at this stage.

Order Date :- 11.8.2010
Anupam