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Allahabad High Court

RAM DHANI AND OTHERS.versusD.D.C. AND OTHERS.

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioners, Ram Dhani and others, filed a writ petition before the Allahabad High Court. The court earlier ordered the petitioners to engage new counsel on 08-09-2017. A notice was subsequently issued, and an N.E.C. (non-emptied cover) was sent on 05-08-2022, but no acknowledgment or response was received. No counsel appeared on behalf of the petitioners to pursue the petition. Consequently, the court dismissed the writ petition for want of prosecution and vacated any interim orders that may have been in force.

Issues considered

  • Can the writ petition be dismissed for want of prosecution due to non-appearance and failure to comply with court notices?

Subjects

  • writ petition
  • procedural dismissal
  • want of prosecution
  • Allahabad High Court
  • court notice

Judgment

                                     Court No. - 30

                                     Case :- WRIT - B No. - 2822 of 1979

                                     Petitioner :- Ram Dhani And Others.
                                     Respondent :- D.D.C. And Others.
                                     Counsel for Petitioner :- S.Rai
                                     Counsel for Respondent :- S.C.,R.N.Singh,S.N.Singh

                                     Hon'ble Chandra Kumar Rai,J.

                                     Notice was issued to the petitioner to engage another counsel by
                                     the earlier order of this court dated 08.09.2017.

                                     As per office report dated 05.08.2022, N.E.c. was issued to
                                     petitioners but neither any undelivered cover nor any
                                     acknowledgement has been received back in the office.

                                     Case called out.

                                     None is present on behalf of the petitioner to press this petition.

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

                                     Interim order, if, any, stands vacated.

                                     Order Date :- 6.8.2022
                                     PS*




Digitally signed by PRITI SHARMA
Date: 2022.08.06 18:05:36 IST
Reason:
Location: High Court of Judicature
at Allahabad


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