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Allahabad High Court

RAJ KUMAR SHARMAversusVC. DR. BHEEMRAO AMBEDKAR VISHWAVIDYALAYA AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as the cause of action does not survive or the petitioner has lost interest.

Summary

Petitioner Raj Kumar Sharma filed a writ petition (WRIT-A No. 4463 of 2016) against Vc. Dr. Bheemrao Ambedkar Vishwavidyalaya and two other respondents. No counsel appeared on behalf of the petitioner to press the petition, while the standing counsel for the State-respondent was present. The court observed that the cause of action either no longer existed or the petitioner had lost interest in pursuing the matter. Consequently, the court found that the petition could not proceed. The writ petition was dismissed and any interim order that had been in force was discharged.

Issues considered

  • Whether the petitioner’s cause of action survives for the writ petition to be entertained
  • Whether the writ petition can be dismissed for lack of representation by the petitioner

Subjects

  • writ petition
  • dismissal
  • cause of action
  • procedural default
  • interim order discharged

Judgment

                                        Court No. - 30

                                        Case :- WRIT - A No. - 4463 of 2016

                                        Petitioner :- Raj Kumar Sharma
                                        Respondent :- Vc. Dr. Bheemrao Ambedkar Vishwavidyalaya
                                        And 2 Others
                                        Counsel for Petitioner :- Vinod Kumar Singh,A.Kumar,Ajay
                                        Kumar Singh,Mool Chandra Maurya
                                        Counsel for Respondent :- Vivek Verma,M.N. Singh,S.C.,M.N.

                                        Hon'ble Rajiv Joshi,J.

                                        List of additional cases has been revised.

                                        No one appears on behalf of the petitioner to press this writ
                                        petition. Learned Standing counsel for the State-respondent is
                                        present.

                                        It appears that either cause of action does not survive or the
                                        petitioner has lost interest in pursuing the matter.

                                        Accordingly, the writ petition is dismissed.

                                        Interim order, if any, stands discharged.

                                        Order Date :- 24.2.2023
                                        Akbar




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad


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