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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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