Allahabad High Court
BABU LAL AND OTHERSversusTHE BOARD OF REVENUE AND OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The appeal was dismissed for want of prosecution.
Summary
The petitioners, Babu Lal and others, filed a writ petition before the Allahabad High Court. The Court, on 2 December 2025, directed the petitioners to engage another counsel. A subsequent report dated 18 April 2026 indicated that the petitioners could not be located and their cover was returned undelivered. Since no representative appeared for the petitioners, the Court dismissed the appeal for want of prosecution. The Court, however, allowed the petitioners to file an application supported by an affidavit seeking recall of the dismissal order.
Issues considered
- What is the appropriate course of action when petitioners fail to appear and cannot be located?
Subjects
- dismissal
- want of prosecution
- civil procedure
- writ petition
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 15058 of 1982
Babu Lal And Others
.....Petitioner(s)
Versus
The Board Of Revenue And Others
.....Respondent(s)
Counsel for Petitioner(s) : S.S.Tyagi
Counsel for Respondent(s) : K.B.Garg, S.V.Goswami
Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.
1. This Court vide its order dated 02.12.2025 had issued notices to the
petitioners to engage another counsel.
2. Office has put up a report dated 18.04.2026 with respect to petitioners
no.1 to 5, that undelivered cover received back with postal remark to the
effect that petitioners could not be found despite efforts.
3. Since, no one is appearing on behalf of the petitioners, the Court is left
with no other option but to dismiss the appeal for want of prosecution.
However, in case an application supported by an affidavit of the
petitioners is filed seeking recall of the aforesaid order, the same shall be
considered accordingly.
(Siddharth Nandan,J.)
April 20, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
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