Allahabad High Court
JAMUNA PRASADversusDIRECTOR GENERAL OF POLICE PAC and OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as the petitioner failed to make out a case and the cause of action is no longer viable.
Summary
Jamuna Prasad filed a writ petition (WRIT‑A No. 26959 of 2002) seeking a writ of certiorari to quash an order dated 15 June 2002 passed by the Director General of Police, PAC. The petition was presented before the Court No. 34, but the petitioner’s counsel did not appear at the hearing, and only the standing counsel for the respondents was present. The Judge examined the pleadings and concluded that the petitioner failed to establish a case warranting judicial interference. It was observed that the cause of action had either ceased to exist or the petitioner had lost interest, rendering the petition infructuous. Consequently, the petition was dismissed and any interim order was vacated.
Issues considered
- Whether the order dated 15‑June‑2002 can be quashed by a writ of certiorari
Subjects
- writ petition
- certiorari
- dismissal
- cause of action
- procedural default
Judgment
Court No. - 34
Case :- WRIT - A No. - 26959 of 2002
Petitioner :- Jamuna Prasad
Respondent :- Director General Of Police PAC And Others
Counsel for Petitioner :- Y.S. Khusaria,Prakash Chand Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing
Counsel is present for respondents. In the circumstances, I myself have perused
the record.
2. By means of present writ petition, petitioner has sought following relief:
"(a) issue a writ, order or direction including a writ in the nature of
certiorari to quash the order dated 15.6.02 passed by the respondent
no.2."
3. I myself have gone through the pleadings, grounds as also relief sought and
find that petitioner is not able to make out a case so as to justify interference of
this Court by granting relief, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the
petitioner has lost interest in this matter or it has otherwise become infructuous
and, probably for this reason, none is interested to have decided this matter on
merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 14.2.2019
Siddhant Sahu
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