Created by Fuzzy Cloud

Allahabad High Court

UNION OF INDIA AND OTHERSversusP. K. AGRAWAL AND OTHERS

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioners filed a writ petition in the Allahabad High Court but failed to appear for the revised call. No substantive arguments or evidence were presented. The court noted the lack of prosecution and dismissed the petition. The judges, however, granted the petitioners liberty to file a restoration application within one month if they wish to revive the case. No merits of the petition were considered due to procedural default.

Issues considered

  • What is the appropriate consequence for a writ petition when the petitioners fail to prosecute the case?

Subjects

  • procedural default
  • writ petition
  • restoration application
  • want of prosecution
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 70614 of 2009

                                    Union Of India And Others
                                                                                                    .....Petitioner(s)
                                                                       Versus
                                    P. K. Agrawal And Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)        : Manoj Kumar Singh, Prashant Mathur,
                                                                       Sanjay     Kumar    Tiwari,     Saurabh
                                                                       Srivastava
                                    Counsel for Respondent(s)        : Anand Kumar, Neeraj Tripathi, R.K.
                                                                       Dwivedi, Rahul Sahai, S.C., Sudama Rao

                                    Court No. - 2
                                                      HON'BLE ATUL SREEDHARAN, J.
                                                      HON'BLE SIDDHARTH NANDAN, J.

                                    1. None appears for the petitioners even in the revised call. Sri Siddharth
                                    Srivastava, Advocate (Advocate Roll No.A/S1665/2023) holding brief of Sri
                                    Rahul Sahai, learned counsel for the respondent is present.

                                    2. The present writ petition is dismissed for want of prosecution with liberty
                                    granted to the petitioners to file restoration application within one month, if
                                    need be.

                                    March 18, 2026
                                    R.S. Tiwari
                                                                 (Siddharth Nandan,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAVI SHANKAR TIWARI
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.