Allahabad High Court
KAZIM HASANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is disposed of, but the petitioner is permitted to file a fresh petition with proper particulars upon payment of the prescribed cost.
Summary
The petitioner, Kazim Hasan, filed a writ petition (Writ‑A No. 6365 of 2026) challenging a decision of the State of U.P. The petition was filed despite an earlier order dated 05‑02‑2026 that had already rejected the petitioner’s claim, and the petitioner had not appealed that order. The Court noted the procedural defect and the poor drafting of the petition. Nonetheless, the Court allowed the petitioner to file a fresh petition with better particulars, subject to a cost of Rs. 500 to be deposited. The fresh petition will be entertained only after payment of the cost. The petition was therefore disposed of with liberty to re‑file.
Issues considered
- What is the appropriate course of action when a writ petition is filed after an earlier order rejecting the claim, without any challenge to that order?
Subjects
- writ petition
- procedural defect
- fresh petition
- cost order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6365 of 2026
Kazim Hasan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Saeed Siddiqui
Counsel for Respondent(s) : C.S.C.
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Mohd. Saud Siddiqui, learned counsel for petitioner and Sri
Santosh Kumar, learned Standing Counsel for State-Respondents.
2. It is very strange that petitioner’s claim has already been rejected vide
order dated 05.02.2026 and despite a copy of same is annexed alongwith
this writ petition, still it has not been challenged. Therefore, it is an
example of poor drafting.
3. However, still considering the prayer of learned counsel for petitioner,
the writ petition is disposed of with liberty to petitioner to file a fresh with
better particulars with cost of Rs. 500/- to be deposited in the Bank
account of High Court Bar Association, Allahabad.
4. Registry will accept fresh petition only after receipt of payment of cost.
(Saurabh Shyam Shamshery,J.)
May 7, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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