Allahabad High Court
SMT. LEELAWATIversusREGIONAL PROVIDENT FUND COMMISSIONER AND OTHERS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- VIKRAM D CHAUHAN
Holding
The petition is dismissed for non‑prosecution due to the petitioner’s failure to respond to the court’s notice.
Summary
Smt. Leelawati filed a writ petition before the Allahabad High Court against the Regional Provident Fund Commissioner. The court ordered the petitioner to engage a new counsel because the earlier counsel was a senior advocate. A notice sent on 28 January 2026 was returned undelivered, with the court noting that the petitioner did not reside at the address provided. Since the petitioner failed to respond and the correct address could not be ascertained, the court dismissed the petition for non‑prosecution, while allowing the petitioner to file a recall application if desired.
Issues considered
- What is the appropriate consequence when a petitioner fails to respond to a court notice and cannot be located?
- Is dismissal for non‑prosecution proper in the absence of a response to a notice to engage new counsel?
Subjects
- procedural law
- non‑prosecution
- court notice
- senior advocate
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 31099 of 2005
Smt. Leelawati
.....Petitioner(s)
Versus
Regional Provident Fund Commissioner And
Others .....Respondent(s)
Counsel for Petitioner(s) : Sudama Ji Shandilya, Vivek Shandilya
Counsel for Respondent(s) : Dhananjai Awasthi, N.P. Singh,
Nishant Mehrotra, Rakesh Sinha, S.C.
Court No. - 34
HON'BLE VIKRAM D. CHAUHAN, J.
1. Sri Jagdish Pathak, learned counsel for the respondent-Bank is present.
2. By order dated 28.1.2026 notice was sent to the petitioner to engage
another counsel as the earlier counsel was designated as Senior Advocate.
As per office report dated 18.3.2026 notice has been returned back
undelivered with the remark that petitioner does not reside at the given
address.
3. In view of the fact that petitioner has not responded and the correct
address is not available, the present writ petition is dismissed for non-
prosecution. However, petitioner would be at liberty to file recall
application.
(Vikram D. Chauhan,J.)
March 18, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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