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Allahabad High Court

VISHWANATH PATELversusSTATE OF U.P. THORUGH SECY. SECONDARY EDU.LUCKNOW AND ORS

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The writ petition was dismissed for want of prosecution.

Summary

Vishwanath Patel filed a writ petition (WRIT‑A No. 4665 of 2011) against the State of Uttar Pradesh and others. The petitioner’s counsel submitted an illness slip, but the court had repeatedly ordered that the case should not be further adjourned. Since the petition, originally filed in 2011, remained inactive despite the warning, the court dismissed the writ petition for want of prosecution. The dismissal was recorded on 13 October 2022 by Justice Rajnish Kumar. No substantive merits of the petition were addressed as the case was closed on procedural grounds.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution after repeated orders against further adjournments

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • adjournment
  • procedural default

Judgment

                                     Court No. - 7

                                     Case :- WRIT - A No. - 4665 of 2011

                                     Petitioner :- Vishwanath Patel
                                     Respondent :- State Of U.P. Thorugh Secy. Secondary
                                     Edu.Lucknow And Ors
                                     Counsel for Petitioner :- Sanjay Misra,Vinod Mishra
                                     Counsel for Respondent :- C.S.C.,H.G.S.Parihar

                                     Hon'ble Rajnish Kumar,J.

                                     Shri Vinod Mishra, learned counsel for the petitioner has sent
                                     illness slip.

                                     There are repeated order that the case shall not be further
                                     adjourned.

                                     The case is of the year 2011.

                                     In view of above, the writ petition is dismissed for want of
                                     prosecution.

                                     .

                                     ...................................................................(Rajnish Kumar, J.)
                                     Order Date :- 13.10.2022
                                     Haseen U.




Digitally signed by HASEENUDDIN
Date: 2022.10.14 11:57:15 IST
Reason:
Location: High Court of Judicature
at Allahabad, Lucknow Bench


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