Court No. - 42
Case :- WRIT - C No. - 17935 of 2021 Petitioner :- Dashrath Respondent :- State Of U.P. & 2 Othrers Counsel for Petitioner :- Bhriguram Ji,Shashi Shankar Shukla,Shashi Shekhar Maurya
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed with a prayer that the respondent no. 2 be directed to decide Case No. 2299 of 2019 (Computerized Case No. 201905000002299) within stipulated period.
On 3.8.2021 following order was passed:-
"The order-sheet reflects that either the working of the Court was hampered due to Covide-19 Pandemic or the lawyers were abstaining from work. In substance not even a single day the lawyers were available to attend the Court.
Lawyers cannot take working of the Court for granted as on one hand, obviously the lawyers must have charged their professional fee and thereafter, they are abstaining from work and on the other hand, they are seeking a direction to the Court concerned to decide the case within a specific period.
Learned counsel for the petitioner submits that the case may be passed over for the day to seek instructions.
Put up this case as fresh on 24.8.2021."
I have considered the issue / problem involved in the present case and in Prafull Kumar vs. State of U.P. and another, Writ C No. 17927 of 2021 decided on 3.8.2021, however, on instructions learned counsel for the petitioner submits that the petitioner shall remain present to argue the matter.
In the facts and circumstances of the case, the present petition is finally disposed of with the direction to the respondent no. 2-Commissioner, Gorakhpur Region, Gorakhpur to expedite the hearing of the aforesaid case and decide the same, if both the parties are present in person, in accordance with law, expeditiously, preferably within a period of four months from the date of production of a self verified copy of this order before him, which may verified from the official website of this Court provided there is no other legal impediment and functioning of the court is not affected due to COVID-19 Pandemic.
With the aforesaid observations/ directions, the present petition is finally disposed of.
Order Date :- 24.8.2021 Lalit Shukla Digitally signed by Justice Vivek Kumar Birla Date: 2021.08.24 17:11:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad