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Allahabad High Court

HARDWAR RAZAversusD.D.C. AND OTHERS

Decided

Holding

The writ petition is dismissed in default due to non-appearance of the parties.

Summary

The petitioner, Hardwar Raza, filed Writ Petition No. 4668 of 1981 before the Allahabad High Court seeking relief against the respondents, D.D.C. and others. The matter was listed for priority hearing under the "Oldest pending cases" category. On the scheduled date, neither the petitioner nor the private respondent appeared before the Court. In accordance with procedural rules, the Court dismissed the writ petition in default. The judgment further directed that any aggrieved party may file a recall application within one month of the order.

Issues considered

  • What is the appropriate course of action when both parties fail to appear for a scheduled hearing of a writ petition?

Subjects

  • default judgment
  • writ petition
  • non-appearance
  • civil procedure
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - B No. - 4668 of 1981

                                    Hardwar Raza
                                                                                                 .....Petitioner(s)
                                                                       Versus

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

                                    Counsel for Petitioner(s)                       :   S.K. Mishra
                                    Counsel for Respondent(s)                       :   S.A. Ansari, S.C.

                                    Court No. - 6
                                                        HON'BLE PRAKASH PADIA, J.

                                    1. The matter is listed under heading "Oldest pending cases for priority
                                    hearing".

                                    2. List revised. Nobody is present on behalf of petitioner as well as
                                    private respondent.

                                    3. The writ petition is dismissed in default.

                                    4. In case, any of the party is aggrieved with this order, he is free to move
                                    the recall application within one month from today.



                                                                                             (Prakash Padia,J.)
                                    March 19, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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