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Allahabad High Court

OM PRAKASH GARGversusSTATE OF U.P. AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The writ petition is dismissed for want of prosecution.

Summary

Om Prakash Garg filed Writ Petition (A) No. 649 of 2011 before the Allahabad High Court seeking relief against the State of U.P. and others. The petition was listed but no counsel appeared on behalf of the petitioner to press the petition, although the learned Standing Counsel was present. The Court observed that the petition could not be pursued without representation of the petitioner. Consequently, the writ petition was dismissed for want of prosecution. The Court also vacated any interim order that had been previously granted. The order was dated 21 September 2022 and signed by Justice Saumitra Dayal Singh.

Issues considered

  • What is the appropriate procedural consequence when a petitioner fails to appear or be represented before the Court?

Subjects

  • procedural law
  • writ petition
  • dismissal for want of prosecution
  • interim order vacated
  • Allahabad High Court

Judgment

                                        Court No. - 36

                                        Case :- WRIT - A No. - 649 of 2011

                                        Petitioner :- Om Prakash Garg
                                        Respondent :- State of U.P. and Others
                                        Counsel for Petitioner :- R. S. Mishra,A.M. Tripathi,Dilip Kumar
                                        Kesharwani,Harish Chandra Singh
                                        Counsel for Respondent :- C. S. C.,Nisheeth Yadav

                                        Hon'ble Saumitra Dayal Singh,J.

                                        1. List revised. None appears on behalf of the petitioner to
                                        press this petition. Learned Standing Counsel is present.

                                        2. Accordingly, present writ petition is dismissed for want
                                        of prosecution.

                                        3. Interim order, if any, stands vacated.

                                        Order Date :- 21.9.2022
                                        Abhilash




Digitally signed by ABHILASH
SINGH
Date: 2022.09.21 17:25:52 IST
Reason:
Location: High Court of Judicature at
Allahabad


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