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Allahabad High Court

GIRJA PRASADversusD.D.C AND OTHERS

Decided

Holding

The writ petition is dismissed for non-prosecution due to lack of representation.

Summary

Girja Prasad filed a writ petition (No. 3018 of 1980) before the Allahabad High Court against the D.D.C. and others. The petitioner's counsel list erroneously included Mr. Rakesh Pathak, who was actually counsel for the respondents. The respondents pointed out this mistake, and no counsel appeared on behalf of the petitioner during the hearing. The Court noted the procedural irregularity and the absence of any representation for the petitioner. Consequently, the Court dismissed the writ petition for non-prosecution, without addressing any substantive merits.

Issues considered

  • Whether the writ petition can proceed when the petitioner is not represented before the Court
  • Whether the procedural error of mislisting counsel warrants dismissal of the petition

Subjects

  • writ petition
  • non-prosecution
  • procedural defect
  • legal representation
  • Allahabad High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - B No. - 3018 of 1980

                                    Girja Prasad
                                                                                              .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)            :     R.N.Singh, Rakesh Pathak
                                    Counsel for Respondent(s)            :     Dinesh Pathak

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    List revised. None appears on behalf of the petitioner.

                                    Mr. Surya Prakash Tripathi, Advocate holding brief of Mr. Rakesh
                                    Pathak, learned counsel for the respondents, submits that name of
                                    Mr. Rakesh Pathak, learned counsel, has wrongly been shown on
                                    behalf of the petitioner.

                                    The matter is of the year 1980.

                                    In view above, the writ petition is dismissed for non prosecution.



                                                                               (Mrs. Manju Rani Chauhan,J.)
                                    March 19, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad


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