Allahabad High Court
SURYA PRATAP SHARMA AND 177 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed due to procedural defects in the affidavit and vakalatnama.
Summary
The petitioners, a group of 178 individuals, filed Writ‑A No. 5570 of 2026 challenging a governmental action. The petition was dismissed because the supporting affidavit was executed by a pairokar who had no disclosed relationship with the petitioners, who reside in different districts, and the vakalatnama signatures were not individually signed. The court noted that a similar petition (Writ‑A No. 4820 of 2026) had already been dismissed by a coordinate bench. Consequently, the petition was held to be procedurally defective and was dismissed with a nominal cost of Rs.10 per petitioner. The costs were directed to be deposited with the High Court Legal Services Committee within six weeks.
Issues considered
- Whether the affidavit sworn by a pairokar, without disclosing his connection to the petitioners, satisfies the procedural requirements for a writ petition.
- Whether the lack of individual signatures on the vakalatnama defeats the petitioners' locus standi.
- Whether the earlier dismissal of a similarly situated petition precludes the present petition.
Subjects
- writ petition
- procedural defect
- affidavit
- vakalatnama
- cost order
- locus standi
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5570 of 2026
Surya Pratap Sharma And 177 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Yadav
Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Sanjay Kumar Yadav, learned counsel for petitioner and Sri
K. Shahi, Advocate for respondents.
2. This writ petition is liable to be dismissed with cost of Rs. 10/- on each
petitioners which are 178 in numbers since affidavit of this petition is
sworn by none of the petitioners rather sworn by a pairokar without
disclosing how he is acquainted to all petitioners, who are resident of
different districts, whereas deponent is a resident of Prayagraj. Signatures
put on Vakalatnama appear to be not signed by each petitioners.
3. The Court also takes note that a writ petition being Writ-A No. 4820 of
2026 filed by similarly situated petitioners has already been dismissed by
a Coordinate Bench of this Court vide order dated 07.04.2026.
4. The writ petition is accordingly dismissed with cost of Rs. 10/- to each
petitioners to be deposited in the bank account of High Court Legal
Services Committee within six weeks.
(Saurabh Shyam Shamshery,J.)
April 20, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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