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Allahabad High Court

MOHAMMAD TAYYAB @ CHANDversusCOMMISSIONER DEVI PATAN MANDAL GONDA and ANOTHER

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The petition is dismissed for non‑prosecution.

Summary

Petitioner Mohammad Tayyab filed Criminal Miscellaneous Writ Petition No.15187 of 2021 against the Commissioner Devi Patan Mandal, Gonda and another. No appearance was made on behalf of the petitioner and the petitioner’s counsel indicated loss of interest in pursuing the case. The Court invoked the maxims that the law assists only the vigilant and that litigation should end in the public interest. Consequently, the Court declined to consider the merits and dismissed the petition for non‑prosecution, vacating any interim order. The order was dated 18 July 2025.

Issues considered

  • Whether the writ petition should be dismissed for non‑prosecution due to the petitioner’s failure to appear and pursue the remedy

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • criminal miscellaneous
  • vigilance
  • public interest

Judgment

                                         Court No. - 13

                                         Case :- CRIMINAL MISC. WRIT PETITION No. - 15187 of 2021

                                         Petitioner :- Mohammad Tayyab @ Chand
                                         Respondent :- Commissioner Devi Patan Mandal Gonda And Another
                                         Counsel for Petitioner :- Surya Narayan Mishra
                                         Counsel for Respondent :- G.A.

                                         Hon'ble Saurabh Lavania,J.

                                         1. Case called out. No one has put in appearance on behalf of
                                         the petitioner to press this petition. However, learned counsel
                                         representing side opposite is present in the Court.

                                         2. It appears that the petitioner and the counsel engaged by the
                                         petitioner both have lost the interest in the case and are not
                                         interested in pursuing the petition.

                                         3. It would be appropriate to refer two maxims:-

                                         (i) Vigilantibus non dormientibus jura subveniunt (The law
                                         assists only those who are vigilant, and not those who sleep
                                         over their rights); and

                                         (ii) Interest reipublicae ut sit finis litium (In the interest of the
                                         society as a whole, the litigation must come to an end).

                                         The above said two maxims are sister provisions, which would
                                         highlight and spotlight that the party seeking remedy before the
                                         Court should be vigilant, otherwise, the law would not come to
                                         their help and there should be end to litigation.

                                         4. Considering the aforesaid, this Court feels that the petition
                                         should not be disposed of on merits and should be dismissed for
                                         non-prosecution. Accordingly, it is dismissed for non-
                                         prosecution. Interim order, if any, stands vacated.

                                         Order Date :- 18.7.2025
                                         Mohit Singh/-

                                         e-file




Digitally signed by :-
MOHIT SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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