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Allahabad High Court

BABU RAMversusD.D.C. AND OTHERS

Decided

Holding

The petition is dismissed for want of prosecution.

Summary

The petition filed by Babu Ram under writ jurisdiction sought relief against D.D.C. and others. Respondents moved for abatement of proceedings on the ground that a substitution application had not been filed, and an abatement application was also filed. The court observed that a substitution application was already on record and notices had been issued, but no party or counsel appeared to press the petition or the substitution application. Consequently, the court dismissed the petition for want of prosecution and vacated any interim order that may have been in force. The dismissal was based solely on procedural non‑prosecution rather than on merits of the substantive claims.

Issues considered

  • Whether the writ petition can continue in the absence of a party or counsel after a substitution application has been filed
  • Whether the filing of an abatement application alone suffices to stay the proceedings

Subjects

  • procedural law
  • writ petition
  • abatement
  • substitution
  • want of prosecution
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - B No. - 15757 of 1981

                                    Babu Ram
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    D.D.C. And Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                        :      Satya Prakash
                                    Counsel for Respondent(s)                        :      S.C. Verma

                                    Court No. - 37
                                                     HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. Matter is listed under the category "Oldest pending cases in this High
                                    Court, for priority hearing".

                                    2. Shri Gowardhan Prasad, learned counsel holding brief of Shri S.C.
                                    Verma, learned counsel for respondents is present.

                                    3. Although, he presses for abatement of proceedings on account of non-
                                    filing of substitution application and abatement application has also been
                                    filed, the Court finds that the substitution application is on record, on
                                    which notices were issued.

                                    4. Be that as it may, since none is present to press the petition or
                                    substitution application, the Court has no option but to dismiss the
                                    petition for want of prosecution.

                                    5. Accordingly, the petition is dismissed for want of prosecution.

                                    6. Interim order, if any, stands vacated.



                                                                                           (Kshitij Shailendra,J.)
                                    March 18, 2026
                                    Sazia




Digitally signed by :-
SAZIA AQUIL
High Court of Judicature at Allahabad


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