B.K. Roy, Raj Kumar Mahajan, JJ. - (1.) THE real prayer of the petitioner is to comment Chairman/President of District Consumer Forum, Basti to decide his complaint case No. 641 of 1993 on the ground that for no fault of his even though the other side is abstaining the case is being adjourned. The petitioner, however, has brought on the record a plain copy of the order sheet containing only four orders dated 22 -2 -98, 22 -4 -98, 18 -6 -98 and 15 -7 -98. The learned counsel for the petitioner is not in a position to show us as to what had happened before 22 -2 -98 and after 15 -7 -98.
(2.) FROM , the plain copy of the order sheet it appears that true it is that respondent No. 1 on 22 -2 -98 fixed 22 -4 -98 without stating any reason for doing so. Similarly on 22 -4 -98 Respondent No. 1 fixed 18 -6 -98. On 18 -6 -98 even though the counsel of the petitioner was present, the counsel of the opposite party was not present and Respondent No. 1 fixed 15 -7 -98 for arguments. In similar position Respondent No. 1 fixed 1 -8 -98 on 15 -7 -98. Grant of adjournment is no doubt a discretionary matter but that discretion has to be exercised according to well settled norms and not arbitrarily and/or whimsically. In the absence of any material before us as to what had happened before 22 -2 -98 and after 1 -8 -98 we will not be justified in issuing the high prerogative writ of mandamus commanding Respondent No. 1 to dispose of the case of the petitioner within a time frame but at the same time we give liberty to the petitioner to move Respondent No. 1 for expeditious disposal of his case, which is pending before Respondent No. 1 for about 5 years by now and the Respondent No. 1 will seriously apply his mind to this sad state of affairs and will not adjourn the case merely due to absence of the opposite party or his counsel.
(3.) WITH these observations this writ petition is dismissed. The Office is directed to hand over a copy of this order to Sri H.R. Misra, learned standing counsel within one week for its communication to and follow up action of the directions made as above by Respondent No. 1.;