Created by Fuzzy Cloud

Allahabad High Court

RAM BARANversusD.D.C. and OTHERS

Decided

Holding

The writ petition was dismissed for want of prosecution, and the interim order was vacated.

Summary

Ram Baran filed Writ Petition No. 2323 of 1984 before the Allahabad High Court seeking relief against D.D.C. and others. The petition was listed for hearing, but no counsel appeared on behalf of the petitioner and no request for adjournment was filed. The respondent's counsel, Dhiraj Srivastava, was present. The Court held that the petition could not be pursued in the absence of a prosecuting party and dismissed it for want of prosecution. Consequently, any interim order that had been granted earlier was vacated. The order was pronounced on 22 August 2022.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear or seek adjournment in a writ proceeding?

Subjects

  • writ petition
  • dismissal for want of prosecution
  • interim order vacated
  • procedural default
  • high court

Judgment

                                        Court No. - 51

                                        Case :- WRIT - B No. - 2323 of 1984

                                        Petitioner :- Ram Baran
                                        Respondent :- D.D.C. And Others
                                        Counsel for Petitioner :- V.D. Ojha,Rajeev Sharma,V.K. Rai
                                        Counsel for Respondent :- N.P. Pandey,Dhiraj Srivastava,H.S.
                                        Mishra,Praveen Yadav,S.C.

                                        Hon'ble Vivek Varma,J.

                                        Case called out in the revised list. None present on behalf of the
                                        petitioner to press this writ petition nor any slip for adjournment
                                        has been sent.

                                        Sri Dhiraj Srivastava, learned counsel for the respondents is
                                        present.

                                        The instant writ petition is dismissed for want of prosecution.

                                        Interim order, if any, stands vacated.

                                        Order Date :- 22.8.2022
                                        Lbm/-




Digitally signed by LAL BAHADUR
MAURYA
Date: 2022.08.23 10:24:54 IST
Reason:
Location: 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.