Allahabad High Court
DR. SUMAN SRIVASTAVAversusSTATE OF U.P. AND OTHERS
- Decided
Holding
The writ petition is dismissed in default due to the petitioner's failure to appear.
Summary
Dr. Suman Srivastava filed a writ petition before the Allahabad High Court. The matter was listed for priority hearing under the "Oldest pending cases" heading. On the day of hearing, no representative appeared on behalf of the petitioner except the standing counsel, and no response was filed. The Court noted the absence and dismissed the writ petition in default. The order further allowed any aggrieved party to move a recall application within one month.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear for a scheduled hearing of a writ petition?
Subjects
- default judgment
- writ petition
- non-appearance
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 51216 of 2009
Dr. Suman Srivastava
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Khare, K.K. Tiwari,
N.L.Srivastava, Radha Kant Ojha, S.
Khare
Counsel for Respondent(s) : C.S.C., Fuzail Ahmad Ansari, Gautam
Baghel, Indrajeet Singh Yadav,
Pushpendra Singh
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The matter is listed under heading "Oldest pending cases for priority
hearing".
2. List revised. Nobody is present on behalf of petitioner even in the
revised call except learned Standing Counsel.
3. The writ petition is dismissed in default.
4. In case, any of the party is aggrieved with this order, he is free to move
the recall application within one month from today.
(Vivek Saran,J.) (Prakash Padia,J.)
September 15, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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