Krishna Vijay Kumar Jaiswal vs Judge,Small Causes Court,Allahabad and Others

R.H. Zaidi, J.—By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the Judge Small Causes Court, Allahabad Respondent No. 1 to decide the Suit No. 9 of l998 at an early date.

The grievance of the petitioner is that although the suit was filed in the year 1998 but till date the suit has not been decided on account of which the petitioner is suffering irreparable loss. Hence the present petition.

Learned Counsel for the petitioner submitted that under the facts and circumstances of the present case the Respondent No. 1 is liable to be directed to decide the suit at an early date. The prayer made by the petitioner on the face of it is innocuous but legally the petitioner is not entitled to the said relief.

It is well settled in law that writ of mandamus cannot be issued in favour of a party who has approached this Court without making a demand for justice. In this case admittedly, the petitioner before filing the present petition did not make an application for early disposal of the suit therefore, the petition as framed and filed is legally not maintainable. A reference may be made in this regard to the decisions in the case of Ganpat v. Presiding Officer and others, AIR 1975 SC 460; Saraswati Industrial Syndicate Limited v. Union of India and others, AIR 1973 SC 538 and State of Haryana and another v. Chanan Mal and others, AIR 1976 SC 1654.

It is, however, observed that the petitioner shall be at liberty to make an application before the trial Court for early disposal of the suit. If such an application is filed within ten days from today alognwith certified copy of this order, the trial Court shall decide the application after following the procedure prescribed for the same at an early date.

With these observations, the petition is finally disposed of.