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Allahabad High Court

SMT. MAYA DEVIversusSTATE OF U.P.

Decided
Disposal
Consigned to Record

Holding

The petition was consigned and disposed as the file was not traceable and neither party appeared before the court.

Summary

A public interest litigation (PIL) was filed by Smt. Maya Devi against the State of U.P. The court could not locate the case file for PIL No. 4101 of 2004, as it was missing from the records before the High Court moved to its new building in 2016. No representative appeared on behalf of the petitioner. The State's standing counsel indicated that the State had no notice of the petition. Given the absence of the petitioner's presence and the unavailability of the case file, the court decided to consign the matter. Consequently, the petition was disposed without further hearing.

Issues considered

  • Whether the petition can be entertained despite the case file being untraceable and the absence of parties before the court

Subjects

  • public interest litigation
  • procedural law
  • case file missing
  • petition dismissal

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             LUCKNOW
                                              PUBLIC INTEREST LITIGATION (PIL) No. - 4101 of 2004

                                     Smt. Maya Devi
                                                                                                .....Petitioner(s)
                                                                          Versus

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

                                     Counsel for Petitioner(s)                          :   Application
                                     Counsel for Respondent(s)                          :   C.S.C.

                                    Court No. - 1
                                               HON'BLE RAJAN ROY, J.
                                               HON'BLE ABDHESH KUMAR CHAUDHARY, J.

                                    1. Case has been called out. The file pertaining to WPIL No.4101 of 2004
                                    is not traceable. According to office report, it was not traceable when the
                                    High Court was functioning from the old building i.e. before its transfer to
                                    the new building in 2016.

                                    2. None appears for the petitioner.

                                    3. Learned Standing Counsel says that the State does not have notice of
                                    the petition.

                                    4. In view of this, the matter shall stand consigned.



                                                            (Abdhesh Kumar Chaudhary,J.) (Rajan Roy,J.)
                                    January 5, 2026
                                    Shanu/-




Digitally signed by :-
SHANU SUMAN
High Court of Judicature at Allahabad,
Lucknow Bench


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