Prayagraj: Holding that a writ of mandamus cannot be issued against HC judges, Allahabad high court on Tuesday dismissed a public interest litigation (PIL) seeking enforcement of a 2008 Full Court resolution that prescribes court sitting hours.A division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra said the petition, filed by practising advocate Arun Mishra, was founded on “incomplete facts” and lacked specifics necessary to support the relief sought.Mishra had sought implementation of the Full Court resolution dated Aug 27, 2008, which fixed sitting hours for courts at Allahabad from 10 am to 1 pm and 2 pm to 4 pm, with a lunch break from 1 pm to 2 pm.The petition alleged that on May 5, several courts did not commence proceedings at the scheduled time despite being listed to function that day. It claimed that only a limited number of courts began at 10:05 am, while others started at 10:10 am, 10:15 am and 10:20 am.The PIL also sought directions for publishing information about delayed court sittings on the notice board and in the cause list so that advocates and litigants could be informed in advance.Rejecting the plea, the court said the petitioner had not indicated how many courts on the day in question sat beyond the prescribed hours and continued to discharge judicial work.“The nature of relief, which has been sought in the petition, is based on incomplete facts, as the petitioner has not cared to indicate as to how many courts on that particular day sat beyond the time fixed and continued to discharge the judicial work,” the bench observed.In its order dated July 28, the court further held: “Seeking a mandamus, which essentially is directed against the Judges of this Court, cannot be countenanced.”The 2008 resolution also noted that court sitting hours for courts at Lucknow would continue as earlier, and prior orders stood modified to that extent.
