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Allahabad High Court
Sanjay Kumar Kanchan And Others vs Union Of India & Others on 4 August, 2010
Court No. - 4

Case :- MATTERS UNDER ARTICLE 227 No. - 372 of 2010

Petitioner :- Sanjay Kumar Kanchan And Others
Respondent :- Union Of India & Others
Petitioner Counsel :- S. N. Yadav
Respondent Counsel :- A. S. G. I.,C.S.C.2010/39660,R. K. Singh

Hon'ble Krishna Murari,J.

Heard Shri S.N. Yadav, learned counsel for the petitioner and Shri R.K. Singh
for respondent no.1.

The main relief claimed in the writ petition is a mandamus to command the
Land Acquisition Officer to decide Civil Appeal No.5 of 2009 within two
months.

It is 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 under
take the proceeding.

In the case in hand, there is nothing on record to show that the court below is
not proceeding in accordance with the procedure prescribed by the code, nor
any such reason has ben spelt out, which may warrant expeditious disposal of
the case filed by the petitioner over and above other cases, which is pending
before the court concerned.

In view of above, the relief prayed for is not liable to be allowed. The writ
petition, accordingly, fails and stands dismissed.

Order Date :- 4.8.2010
pks


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