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Allahabad High Court

DURGA PRASAD ASTHANAversusSTATE OF U.P. AND OTHERS

Decided

Holding

The writ petition was dismissed for want of prosecution, with liberty granted to the petitioner to file a restoration application within one month.

Summary

The petitioner, Durga Prasad Asthana, filed a writ petition in the Allahabad High Court but failed to appear even after a revised call. The Court noted the lack of prosecution and dismissed the petition. However, the Court granted the petitioner liberty to file a restoration application within one month if required. No substantive merits of the petition were considered. The dismissal was procedural, based on non-appearance.

Issues considered

  • Whether a writ petition can be dismissed for want of prosecution due to non-appearance of the petitioner?
  • Whether the petitioner can be granted liberty to file a restoration application after dismissal?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • restoration application
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 41426 of 2009

                                    Durga Prasad Asthana
                                                                                                     .....Petitioner(s)
                                                                        Versus
                                    State of U.P. and Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)        : Dharmendra Srivastava, R.N. Singh
                                    Counsel for Respondent(s)        : Alok Mishra, Anil Tiwari, Ashok Khare,
                                                                       C.S.C., Neeraj Tripathi, S.K. Srivastava,
                                                                       S.K.Srivastav, Sandhya Mishra

                                    Court No. - 2
                                                      HON'BLE ATUL SREEDHARAN, J.
                                                      HON'BLE SIDDHARTH NANDAN, J.

                                    1. None appears for the petitioner even in the revised call.

                                    2. The present writ petition is dismissed for want of prosecution with liberty
                                    granted to the petitioner to file restoration application within one month, if
                                    need be.

                                    March 18, 2026
                                    R.S. Tiwari
                                                                 (Siddharth Nandan,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAVI SHANKAR TIWARI
High Court of Judicature at Allahabad


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