Allahabad High Court

RAKESH KUMARversusState of UP AND ANOTHER

Decided: 8 February 2026

Holding

The court ordered an adjournment of the petition due to the non‑appearance of respondent No.2.

Summary

Petitioner Rakesh Kumar filed a petition under Article 227. Counsel for the petitioner argued that a mention slip had not been received for respondent No.2, who was appearing in person. The court noted that the matter had been taken up out of turn and that respondent No.2 was not present. Consequently, the court adjourned the proceedings, directing that the case be listed for 23 March 2026 at 2 p.m. and ordering the petitioner’s counsel to inform respondent No.2 of the order.

Issues considered

Whether the High Court can proceed with the petition in the absence of respondent No.2 who is appearing in person

Subjects

adjournment
procedural
Article 227
mention slip
non‑appearance

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 14538 of 2024

                                    Rakesh Kumar
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)            :    Pankaj Kumar Gupta
                                    Counsel for Respondent(s)            :    G.A., Mohd Arif, Saher Naqvi

                                    Court No. - 75
                                                     HON'BLE SAURABH SRIVASTAVA, J.

                                    At the very outset, Sri Pankaj Kumar Gupta, learned counsel appearing on
                                    behalf of petitioner submitted that in spite of his best effort, mention slip
                                    has not been received by learned counsel who is appearing in person in
                                    the instant matter as respondent no. 2.

                                    Since the matter has been mentioned to be taken up out of turn and as
                                    such it could not be justified to entertain the instant petition in absence of
                                    learned counsel for respondent no. 2 who is appearing in person.

                                    The instant matter is being adjourned today only on the ground of non-
                                    appearance of respondent no. 2 who is appearing in person and is a
                                    regular practitioner of this Court.

                                    List this matter on 23.3.2026 at 2 p.m.

                                    Sri Pankaj Kumar Gupta, learned counsel for petitioner is hereby
                                    requested to intimate this order in writing to respondent no. 2 who is
                                    appearing in person as well as is regular practitioner of this Court.



                                                                                        (Saurabh Srivastava,J.)
                                    March 10, 2026
                                    Shaswat




Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad

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