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Allahabad High Court

KARIMversusD.D.C. and OTHERS

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

The petitioner Karim filed a writ petition (WRIT‑B No. 6191 of 1978) before the Allahabad High Court. The petition remained pending for many years and, on the date of hearing, no counsel appeared on behalf of the petitioner to press the petition. The court noted that the matter was very old, dating back to 1978, and observed that the petitioner had failed to prosecute the petition. Consequently, the court dismissed the writ petition for want of prosecution and vacated any interim order that might have been in force. The order was dated 14 March 2023.

Issues considered

  • What is the appropriate consequence when a writ petition remains unprosecuted for an extended period?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • procedural default
  • high court

Judgment

                                        Court No. - 19

                                        Case :- WRIT - B No. - 6191 of 1978
                                        Petitioner :- Karim
                                        Respondent :- D.D.C. And Others
                                        Counsel for Petitioner :- N.S. Chaudhary,Girraj Singh,Shyam Bahadur
                                        Counsel for Respondent :- S.C.,Brij Mohan

                                        Hon'ble Syed Qamar Hasan Rizvi,J.

                                        Case called out in the revised list.

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

                                        Since the matter is quite old being of the year 1978, the writ
                                        petition is dismissed for want of prosecution.

                                        Interim order, if any, stands vacated.

                                        Order Date :- 14.3.2023
                                        Arif




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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