Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 282 of 2010 Petitioner :- Vineet Kumar Pandey Respondent :- State Of U.P. & Anr.
Petitioner Counsel :- Devraj Singh
Respondent Counsel :- C.S.C.
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
The only relief claimed in this petition is a mandamus to command
the court below to decide Suit No. 401 of 2010.
The suit has been filed by the petitioner only on 17.04.2010. A
perusal of the order sheet goes to show that notice have been
issued to the defendants and the proceedings are underway.
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.
A perusal of the order sheet filed along with the writ petition goes
to show that suit proceedings are undertaken by the court below in
accordance with the procedure prescribed by the Code. Further no
good grounds have been made out by the petitioner to direct the
expeditious disposal of the suit over and above other cases which
may be pending before the court concerned since much before.
In view of above, the relief prayed for is not liable to be allowed.
The writ petition, accordingly, fails and stands dismissed.
20.07.2010
VKS/ WP 282/10