The Allahabad High Court has set aside an Order of a Single Judge, directing the Registry of the Court to insist for Order Sheet in all such matters, where prayer for direction for expeditious disposal is made before the authorities.
Order of Single Judge?
Hon’ble Justice K.J. Thaker of Allahabad High Court observed in Petition, seeking expeditious disposal of case pending before lower court, that the Court can not direct the authorities to decide the application as prayed in the prayer clause as it is found that that the Advocates go on strike or abstain from work and then only with a view to pressurize the authorities, such petitions are filed in the High Court.
Further the Hon’ble Single Judge directed the Registry to necessitate for order-sheet in all such matters, where prayer for direction for expeditious disposal is made before the authorities.
Set Aside in Appeal
The order of Hon’ble Single Judge was challenged before the Division Bench through Special Appeal. A Division Bench of Hon’ble CJ Govind Mathur and Hon’ble Justice Piyush Agarwal observed that neither the General Rules (Civil) nor the General Rules (Criminal) or the Allahabad High Court Rules mandate filing of order sheet in each and every case, where direction is sought for expeditious disposal of case pending in lower court.
As such, a direction given by Hon’ble Single Judge is running contrary or is demanding something which is not otherwise prescribed under the Rules.
In any specific case the Court if it deems it appropriate to have order sheets, then it is always open for it to direct the parties concerned to place on record copies of the order sheets.
In view of the Appeal was disposed off by setting aside the aforesaid direction.
Title: High Court of Judicature at Allahabad though Registrar General vs Anil Chauhan and 4 Others.
Case No. Special Appeal No. 1275 of 2020
Coram: Hon’ble CJ Govind Mathur and Hon’ble Justice Piyush Agarwal
Date of Order: 23.12.2020