Allahabad High Court
KAMLESH KUMAR MISHRAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The Court withdrew the order dated 25 January 2026, dismissed the writ petition as infructuous, and permitted a review of the 15 December 2025 order within fifteen days.
Summary
The Allahabad High Court had earlier ordered on 15 December 2025 that the petitioner's representation be heard before deciding the matter. Respondent No.4 later claimed that a further hearing was unnecessary, asserting that the earlier hearing had already been provided, which appeared to conflict with the 15 December order. Respondent counsel for Nos. 2 to 5 then sought permission to withdraw the impugned order dated 25 January 2026, arguing that the earlier order was passed without informing the Court that arbitration proceedings had already concluded and a modified agreement was executed. The Court accepted the withdrawal, held that the writ petition had become infructuous, and dismissed it, while allowing the respondents to file a review or recall of the 15 December 2025 order within fifteen days. If no review is filed, the respondents must comply with the 15 December order within one month.
Issues considered
- Whether the petitioner's request for an additional hearing after the 15 December 2025 order was required.
- Whether the order dated 25 January 2026 should be withdrawn on the ground that the earlier order was passed without notice of the completed arbitration.
- Whether the writ petition becomes infructuous upon withdrawal of the impugned order.
Subjects
- writ petition
- hearing
- order withdrawal
- review
- recall
- arbitration award
- compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 3474 of 2026
Kamlesh Kumar Mishra
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kaushlendra Pandey
Counsel for Respondent(s) : C.S.C., Sunil Kumar Misra
Court No. - 34
HON'BLE VIKRAM D. CHAUHAN, J.
1. This Court by order dated 15.12.2025 has directed that
petitioner's representation be considered and decided after
giving proper opportunity of hearing to the petitioner.
However, perusal of impugned order would go to show that
respondent no.4 has recorded a finding that there is no question
of giving additional opportunity of hearing as prior opportunity
of hearing was given prior to passing of the order of the Court
dated 15.12.2025. The order dated 15.12.2025 has not been
challenged before any higher authority, as such sanctity of
order dated 15.12.2025 is intact. The finding recorded in the
impugned order, prima facie, seems to be in-violation of order
dated 15.12.2025.
2. At this stage, learned counsel for respondent nos.2 to 5, on
instructions, submits that he may be permitted to withdraw the
impugned order dated 25.1.2026 with liberty to approach the
Court for modification of earlier order dated 15.12.2025, as
earlier order has been passed without bringing to notice of the
Court that arbitration proceedings have already been held and
award has been passed and modified agreement has already
been executed.
3. In view of statement of learned counsel for respondent nos.2
WRIA No. 3474 of 2026
2
to 5 and since the order dated 25.1.2026 has been withdrawn,
the writ petition is dismissed as infructuous. However,
respondents would be at liberty to file review/recall application
in respect of order dated 15.12.2025 within fifteen days from
today. In the event, no review/recall application is filed within
the aforesaid period, respondents shall comply with the order
dated 15.12.2025 within one month thereafter.
March 19, 2026
D. Tamang
(Vikram D. Chauhan,J.)
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
Checking your session…