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Allahabad High Court

KAUSHAL PRASAD TIWARIversusSTATE OF U.P.THROUGH SECY SECONDARY EDUCATION

Decided
Disposal
Dismissed on merits/Rejected

Holding

The writ petition was dismissed for want of instruction as the case was listed peremptorily and could not be adjourned.

Summary

Petitioner Kaushal Prasad Tiwari filed a writ petition before the Allahabad High Court. His counsel sought additional time to prepare the case, but the matter was listed peremptorily and could not be adjourned. The court held that, in the absence of any instruction to the contrary, the petition could not be postponed. Consequently, the writ petition was dismissed for want of instruction, and any interim order that had been passed was vacated. The order was dated 3 April 2023.

Issues considered

  • Whether the writ petition can be dismissed for want of instruction when the case is listed peremptorily and cannot be adjourned?

Subjects

  • Writ Petition
  • Procedural Law
  • Adjournment
  • Interim Order
  • Dismissal

Judgment

                                         Court No. - 6

                                         Case :- WRIT - A No. - 693 of 2006

                                         Petitioner :- Kaushal Prasad Tiwari
                                         Respondent :- State Of U.P.Through Secy Secondary
                                         Education
                                         Counsel for Petitioner :- Gopesh Tripathi,Garima
                                         Bajpai,Mukesh Kumar Pandey
                                         Counsel for Respondent :- C.S.C,Anurag Srivastava,Maneesh
                                         Pandey,Nitin Srivastava,Ramesh Pandey

                                         Hon'ble Irshad Ali,J.

                                         Case is called out. A request has been made by the petitioner's
                                         counsel for grant of time to prepare the case.

                                         However, today the case is listed peremptorily, therefore, the
                                         case could not be adjourned on any count.

                                         In view of the above, the writ petition is dismissed for want of
                                         instruction.

                                         Interim order, if any, is vacated.

                                         Order Date :- 3.4.2023
                                         Gautam




Digitally signed by :-
GAUTAM TECKCHANDANI
High Court of Judicature at Allahabad,
Lucknow Bench


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