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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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