2026 Supreme(Online)(Gau) 14659

GAUHATI HIGH COURT
Nelson Sailo, J
Zahid Hasan Ullah – Appellant
Versus
State Of Assam – Respondent
WP(C)/5464/2022

A court may adjourn current proceedings when the subject matter is identical to an ongoing appeal in a higher forum to ensure judicial consistency and avoid conflicting determinations.

Headnote:(A) Practice and Procedure - Writ Jurisdiction - Pendency of Writ Appeal - Adjournment of proceedings - Where subject matter of instant proceedings is identical to a pending writ appeal due for hearing, it is appropriate to adjourn the matter to avoid conflicting decisions. (Para 1-3)

Facts of the case:
Petitioners filed a writ petition seeking redressal of grievances. During the hearing, counsel for the petitioners informed the court that the core subject matter is currently being considered in a pending writ appeal. Consequently, an adjournment was sought to await the outcome of the appellate proceedings.

Findings of Court:
Recognizing the commonality of the subject matter with the pending writ appeal, the court found it appropriate to adjourn the matter for a period of two weeks.

Issues: Whether the writ petition should proceed or be adjourned in view of a pending writ appeal concerning the same subject matter.

Ratio Decidendi: Judicial propriety requires that when the subject matter of a writ petition is already sub-judice before an appellate forum, the interest of justice is best served by awaiting the appellate decision to ensure consistency.

Result: Matter adjourned for two weeks.