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Allahabad High Court

SANTOSH KUMAR AWASTHIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

Petitioner Santosh Kumar Awasthi filed a writ petition before the Allahabad High Court. The petition suffered multiple adjournments due to the counsel's repeated illness, and on the scheduled date of 16 September 2026 no counsel or representative appeared. The Court noted that the petitioner had not sought any further adjournment and that the matter had been pending for a long time. Consequently, the Court exercised its inherent power to dismiss the petition for want of prosecution. The dismissal was ordered peremptorily, directing the petitioner to either appear personally or arrange alternative representation, failing which the petition would be dismissed.

Issues considered

  • What is the appropriate remedy when a petitioner repeatedly fails to appear and causes adjournments in a writ petition?

Subjects

  • writ petition
  • adjournment
  • want of prosecution
  • court procedure
  • high court

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                       WRIT - A No. - 68826 of 2013

                                    Santosh Kumar Awasthi
                                                                                                                          .....Petitioner(s)
                                                                                      Versus

                                    State Of U.P. And 4 Others
                                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)                     : Manoj Kumar Patel, R S Pandey, Rahul
                                                                                    Srivastava
                                    Counsel for Respondent(s)                     : C.S.C.

                                    Court No. - 34
                                    (Sl. No. 31)
                                                            HON'BLE ANISH KUMAR GUPTA, J.

                                    1. List revised. None appears for the petitioner.

                                    2. On 1.9.2026, this Court passed the following orders:-

                                    "1. Since, it is third repeated illness slip on behalf of counsel for the petitioner, matter is directed to be

                                    listed peremptorily, on which date, either the counsel for the petitioner will argue himself or shall make

                                    the alternative arrangement, else the matter shall be dismissed for want of prosecution.


                                    2. List this matter peremptorily on 16.09.2026 in daily cause list. "


                                    3. The instant matter is pending since long and repeated adjournment
                                    had been sought on behalf of the petitioner and today also even there is
                                    no request for adjournment nor any one is present on behalf of the
                                    petitioner.

                                    4. In such view of the matter, the instant writ petition is dismissed for
                                    want of prosecution.



                                                                                                            (Anish Kumar Gupta,J.)
                                    September 16, 2026
                                    n.u.




Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad


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