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Allahabad High Court

RAKESH BAHADUR SINGHversusSTATE OF U.P. THRU PRIN. SECY. LAND DEVELOPMENT AND ORS.

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The writ petition is dismissed for want of prosecution, and the interim order is vacated.

Summary

The petitioner, Rakesh Bahadur Singh, filed Writ Petition No. 13243 of 2019 before the Allahabad High Court, Lucknow Bench, seeking relief against the State of U.P. The petition was listed under the ‘cases shall not be adjourned’ category. No counsel appeared on behalf of the petitioner on the scheduled date, and consequently the petition was not pressed before the court. The bench held that the petition could not proceed in the absence of the petitioner’s representation and dismissed it for want of prosecution. As a result, any interim order that had been granted earlier was vacated and the matter was consigned to the records.

Issues considered

  • Whether the writ petition can proceed in the absence of the petitioner’s counsel on the scheduled date
  • Whether the interim order, if any, should stand after dismissal for want of prosecution

Subjects

  • procedural law
  • writ petition
  • dismissal for want of prosecution
  • interim order vacated
  • court procedure

Judgment

                                                                                Neutral Citation No. - 2024:AHC-LKO:35355




                                         Court No. - 20

                                         Case :- WRIT - A No. - 13243 of 2019

                                         Petitioner :- Rakesh Bahadur Singh
                                         Respondent :- State Of U.P. Thru Prin. Secy. Land Development And Ors.
                                         Counsel for Petitioner :- Anil Kumar Yadav
                                         Counsel for Respondent :- C.S.C.,Anurag Tripathi

                                         Hon'ble Shree Prakash Singh,J.

                                         1. Case is listed under 'the cases shall not be
                                         adjourned category.'

                                         2. Case called out in revised list. None is present
                                         for the petitioner to press this petition.

                                         3. In view of the above, the instant writ petition is
                                         dismissed for want of prosecution.

                                         4. Interim order, if any, stands vacated.

                                         5. Consigned to records.

                                         Order Date :- 7.5.2024
                                         AKS




Digitally signed by :-
ANUJ KRISHNA SRIVASTAVA
High Court of Judicature at Allahabad,
Lucknow Bench


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