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Allahabad High Court

JAI PRAKASHversusSTATE OF U.P. THROUGH PRIN. SECY. EDU. AND OTHERS

Decided
Disposal
Allowed/Partly Allowed on merits/Granted

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioner, Jai Prakash, filed Writ A No. 5200 of 2011 before the Allahabad High Court seeking relief against the State of U.P. However, no counsel appeared on behalf of the petitioner to press the petition, while the standing counsel for the State was present. The Court observed that the petition could not be pursued in the absence of representation. Consequently, the writ petition was dismissed for want of prosecution. The interim order, if any, that had been granted earlier was vacated. The order was pronounced on 28 April 2023.

Issues considered

  • What is the appropriate course of action when a writ petition is filed but the petitioner fails to appear or present counsel for prosecution?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • interim order vacated
  • High Court

Judgment

                                         Court No. - 7

                                         Case :- WRIT - A No. - 5200 of 2011

                                         Petitioner :- Jai Prakash
                                         Respondent :- State Of U.P. Through Prin. Secy. Edu. And Others
                                         Counsel for Petitioner :- Ramesh Singh,Agendra
                                         Sinha,M.B.Singh,Murtaza Hasnain Khan,Ram Alok Singh
                                         Counsel for Respondent :- C.S.C.

                                         Hon'ble Abdul Moin,J.

                                         List revised.

                                         None appears on behalf of the petitioner to press this petition. Learned
                                         Standing counsel is present for the State-respondents.

                                         Accordingly, the writ petition is dismissed for want of prosecution.

                                         Interim order, if any, stands vacated.

                                         Order Date :- 28.4.2023
                                         Mohit Singh/-




Digitally signed by :-
MOHIT SINGH
High Court of Judicature at Allahabad,
Lucknow Bench


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