Allahabad High Court
SHRI SARDAR SINGH AND OTHERSversusD.D.C.AND OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The appeal is dismissed for want of prosecution.
Summary
The petitioners, Shri Sardar Singh and others, filed a writ petition before the Allahabad High Court. The Court, on 2 December 2025, ordered the petitioners to engage another counsel. A subsequent report dated 18 April 2026 indicated that no counsel appeared on behalf of the petitioners and no further steps were taken. Since the petitioners failed to prosecute the petition, 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 consequence when a petitioner fails to appear or prosecute a writ petition after being directed to engage counsel?
Subjects
- dismissal
- want of prosecution
- civil procedure
- writ petition
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 15297 of 1983
Shri Sardar Singh And Others
.....Petitioner(s)
Versus
D.D.C.And Others
.....Respondent(s)
Counsel for Petitioner(s) : B.B. Paul
Counsel for Respondent(s) : S.V. Goswami
Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.
1. This Court vide 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 a remark that neither
undelivered cover nor anyone put has put in appearance after service.
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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