Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5026 of 2021 Petitioner :- Ram Nihore Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Surya Nath Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). issue a order or direction exercising power under Article 227 of the Constitution of India and direct the Arbitrator/ District Judge, Basti to decide the Misc. Case Nos.- 700 of 2018 and 701 of 2018, pending before District Judge, Basti since 18.09.2018, well within stipulated period as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
Considering overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid Misc. Case Nos.- 700 of 2018 and 701 of 2018, strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to the parties concerned, as expeditiously as possible preferably within a period of six months from the date of production of copy of this order.
It is clarified that the procedure prescribed for deciding execution case, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic of SARS COV-2/ Covid 19 resulting in the suspension of public movement and/ or judicial work in the district concerned.
It is provided that order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 7.10.2021 Atmesh