Allahabad High Court
SATYADEV SINGH AND 8 OTHERSversusDISTRICT MAGISTRATE ALLAHABAD AND 4 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The appeal is dismissed for want of prosecution due to non‑payment of court fees.
Summary
The appellant filed a first appeal (Defective No. 165 of 2024) before the Allahabad High Court but had a deficiency of court fees amounting to Rs. 2,67,215. The court initially granted the appellant a month to pay the fees on 28 March 2026 and later, on 6 April 2026, gave a final one‑month extension as a last chance. An office report dated 28 September 2026 showed that the appellant had not deposited the required fees. Consequently, the court held that the appeal could not be prosecuted further and dismissed it for want of prosecution.
Issues considered
- Whether an appeal can be entertained when the appellant fails to pay the requisite court fees despite being granted extensions.
Subjects
- court fees
- procedural default
- appeal dismissal
- want of prosecution
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL DEFECTIVE No. - 165 of 2024
Satyadev Singh And 8 Others
.....Appellant(s)
Versus
District Magistrate Allahabad And 4 Others
.....Respondent(s)
Counsel for Appellant(s) : Hira Lal Singh(Kushwaha)
Counsel for Respondent(s) : Shachindra Kumar Mishra
Court No. - 34
(SN.71)
HON'BLE ANISH KUMAR GUPTA, J.
1. In the instant appeal, there is a reported deficiency of court fees to the
extent of Rs. 2,67,215/-.
2. On request made on behalf of the appellant, time was granted initially
for a month on 28.03.2026. Thereafter, on 06.04.2026, one month time as
last chance was also granted to the appellant to cure the defects regarding
court fees.
3. As per the office report dated 28.09.2026, the court fees has not been
deposited by the appellant till date.
4. In such view of the matter, the instant appeal is dismissed for want of
prosecution.
(Anish Kumar Gupta,J.)
September 29, 2026
Shubham Arya
Digitally signed by :-
SHUBHAM ARYA
High Court of Judicature at Allahabad
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