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Allahabad High Court

GAJADHARversusD.D.C.AND OTHERS

Decided

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner filed a writ petition in the Allahabad High Court seeking relief. The case had been listed for priority hearing and earlier adjournments were requested by the petitioner’s counsel. On the hearing date, the petitioner’s counsel reported illness but failed to arrange an alternative counsel or request a further adjournment. The court found that the petition was not being prosecuted and dismissed it for want of prosecution. No substantive merits of the petition were considered.

Issues considered

  • What is the appropriate consequence when a petitioner fails to prosecute a writ petition and does not arrange for representation or seek a further adjournment?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • adjournment
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - B No. - 4265 of 1979

                                    Gajadhar
                                                                                               .....Petitioner(s)
                                                                      Versus

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

                                    Counsel for Petitioner(s)      : Jitendra Rpasad Kushwaha, Vinod
                                                                     Kumar Maurya
                                    Counsel for Respondent(s)      : S.C.

                                    Court No. - 39
                                                     HON'BLE ANISH KUMAR GUPTA, J.

                                    1. The instant writ petition is listed under the category of oldest pending
                                    cases in this High Court for priority hearing. As on earlier occasion also,
                                    adjournment was sought by the counsel for the petitioner.

                                    2. Today illness slip has been set by Sri Vinod Kumar Maurya, learned
                                    counsel for the petitioner, without making any alternative arrangement for
                                    hearing of this case.

                                    3. Accordingly, this writ petition is dismissed for want of prosecution.



                                                                                     (Anish Kumar Gupta,J.)
                                    March 19, 2026
                                    n.u.




Digitally signed by :-
NASEEM UDDIN
High Court of Judicature at Allahabad


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