Allahabad High Court
KAMLA KANT OJHA AND 3 OTHERSversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed for lack of petitioner representation and apparent extinguishment of the cause of action.
Summary
Petitioners Kamla Kant Ojha and three others filed Writ Petition (A) No. 7045 of 2017 before the Allahabad High Court seeking relief against the State of U.P. and ten others. The petition was listed but no petitioner counsel appeared to press the petition. The Standing Counsel for the State respondents was present. The Court observed that either the cause of action no longer survived or the petitioners had lost interest in pursuing the matter. Consequently, the Court dismissed the writ petition and discharged any interim order that may have been in force.
Issues considered
- Whether the writ petition can proceed in the absence of any petitioner representation
- Whether the cause of action still subsists to warrant continuation of the petition
Subjects
- writ petition
- dismissal
- cause of action
- procedural default
- high court
Judgment
Court No. - 30
Case :- WRIT - A No. - 7045 of 2017
Petitioner :- Kamla Kant Ojha And 3 Others
Respondent :- State Of U.P. And 10 Others
Counsel for Petitioner :- Shashi Kant Dwivedi,Anil Kumar
Mishra,Janardan Shukla
Counsel for Respondent :- C.S.C.,Chandra Prakash Misra,Pravin
Kumar Dwivedi,Sushil Kumar Mishra
Hon'ble Rajiv Joshi,J.
List has been revised.
Nobody is present on behalf of the petitioners to press this writ
petition.
Learned Standing Counsel representing the State respondents is
present.
It appears that either cause of action does not survive or the
petitioners have lost interest in pursuing the matter.
Accordingly, the writ petition is dismissed.
Interim order, if any, stands discharged.
Order Date :- 3.3.2023
S.P.
Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad
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