Allahabad High Court
RAJU GANGWARversusSTATE OF U.P. THRU PRIN.SECY. HOME LUCKNOW AND ORS.
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
Holding
A petition is dismissed for want of prosecution when the petitioner fails to appear and makes no request for adjournment.
Summary
The petitioner, Raju Gangwar, filed Writ Petition No. 4845 of 2019 before the Allahabad High Court seeking relief against the State of U.P. The petition was listed for hearing, but the petitioner’s counsel, Kapil Gupta, failed to appear and made no request for an adjournment. The respondent's counsel, C.S.C., was present and ready to argue. The Court observed that the petitioner had not prosecuted the petition and, in accordance with procedural rules, could not allow the matter to proceed. Consequently, the Court dismissed the petition for want of prosecution and vacated any interim order that might have been in force. The order was pronounced by Justice Dinesh Kumar Singh on 26 May 2023.
Issues considered
- What is the appropriate course of action when a petitioner fails to appear for a scheduled hearing without seeking an adjournment?
Subjects
- writ petition
- procedural law
- dismissal for want of prosecution
- non-appearance
- interim order vacated
Judgment
Neutral Citation No. - 2023:AHC-LKO:37915
Court No. - 8
Case :- WRIT - A No. - 4845 of 2019
Petitioner :- Raju Gangwar
Respondent :- State Of U.P. Thru Prin.Secy. Home Lucknow And Ors.
Counsel for Petitioner :- Kapil Gupta
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. List has been revised.
2. Neither counsel for the petitioner(s) has put in appearance to prosecute
this petition, nor any request has been made for passing over/adjourning
the case, though learned State Counsel is present for respondents.
3. Thus, this petition is dismissed for want of prosecution. Interim order,
if any, stands vacated.
[D.K. SINGH, J.]
Order Date :- 26.5.2023
MVS/-
Digitally signed by :-
MANOJ VIKRAM SINGH CHAUHAN
High Court of Judicature at Allahabad,
Lucknow Bench
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