Allahabad High Court
SANTOSH KUMAR AWASTHIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
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
Checking your session…