New Delhi, Jan 9 The Supreme Court on Thursday expressed worry regarding listing of cases in some High Courts, particularly, the Allahabad High Court, where it said that the process of filing and listing of cases has collapsed.
“In some of the High Courts, we don't know what will happen. Allahabad HC is one of the High Courts which really one should be worried about. Unfortunately, filing has collapsed, listing has collapsed, nobody knows which matter will be listed,” the Supreme Court remarked.
The observation fell from a Bench of Justices Surya Kant and N Kotiswar Singh as it dealt with an application filed by Abbas Ansari, son of late gangster-turned-politician Mukhtar Ansari.
Senior advocate Kapil Sibal, appearing on Abbas Ansari’s behalf, submitted that despite an apex court order for expeditious hearing, no effective hearing took place before the Allahabad High Court on his prayer for interim protection in a writ petition against an ex-parte government order declaring a piece of land an evacuee property (government property).
Sibal added that while other co-owners secured interim relief from the Allahabad HC, Abbas Ansari’s plea for interim protection was not taken up for hearing at all.
After hearing the contentions raised, the Justice-Kant led Bench ordered that the matter be listed earliest before the Allahabad High Court and in the meantime, directed parties to maintain status quo in respect of the disputed site.
In an earlier round of litigation, Sibal had contended that the Uttar Pradesh authorities, after taking physical possession of Abbas Ansari’s plot, have started construction of some dwelling units at the site under the Awas Yojana.
Thereafter, the apex court had requested the Lucknow Bench of the Allahabad HC to take up the application for interim stay moved by Abbas Ansari “as early as possible” and in any case on November 4, 2024.
In its October 21 order, it said, “We request the Allahabad High Court to take up the application out of turn, if so required, so that the prayer of the petitioner for interim protection can be appropriately adjudicated.”
As per Abbas Ansari’s petition, his grandfather purchased a share in Plot No. 93 located at village Jiainau of Lucknow through a registered sale deed in 2004. The said property was allegedly gifted by him to his wife Rabia Begum, who then bequeathed the same through a registered will to Abbas Ansari and his brother Umar Ansari.
In 2020, a Sub-Divisional Magistrate in Lucknow passed an order declaring the plot an evacuee property and dispossessing the Ansari brothers.
Challenging this, Abbas and Umar Ansari moved a writ petition before the Lucknow Bench of the Allahabad High Court.
In the Supreme Court, Abbas Ansari stated that though their writ petition was listed repeatedly, no interim stay was passed in their favour, as was done in the case of other affected persons.
Recently, a Bench of Justices J.B. Pardiwala and R. Mahadevan expressed “shock” after it was told that the bail application of a murder accused has been pending before the Allahabad High Court for the past four years.
The Justice Pardiwala-led Bench asked the apex court registry to forward its order to the Chief Justice of Allahabad HC for his consideration.
It said: "We are shocked to learn from the learned counsel appearing for the petitioner that the bail application filed by the petitioner in the High Court of Judicature at Allahabad bearing Criminal Miscellaneous Bail Application No. 40542 of 2020 is still pending as on date.”
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