Allahabad High Court
SMT. DULARIversusD.D.C. and OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The writ petition is dismissed for want of prosecution.
Summary
Smt. Dulari filed a writ petition (WRIT‑B No. 7059 of 1982) against D.D.C. and others. The petition remained pending for decades. On the hearing dated 29‑03‑2023, no counsel appeared for the petitioner, and the petitioner was reported to have lost interest in pursuing the case. The respondent’s counsel, Virendra Singh, was present. The court observed that the matter was extremely old and, in the absence of any prosecution by the petitioner, dismissed the writ petition for want of prosecution. Consequently, any interim relief that may have been in force was discharged.
Issues considered
- What is the appropriate course of action when a writ petition remains unprosecuted for an extended period?
Subjects
- writ petition
- want of prosecution
- procedural default
- dismissal
- high court
Judgment
Court No. - 19
Case :- WRIT - B No. - 7059 of 1982
Petitioner :- Smt. Dulari
Respondent :- D.D.C. And Others
Counsel for Petitioner :- R.S. Mishra,Krishna Pratap Singh Kaushik,Nitesh
Kumar Srivastava
Counsel for Respondent :- A.K. Singh,Virendra Singh
Hon'ble Syed Qamar Hasan Rizvi,J.
List has been revised.
None is present on behalf of the petitioner to press this writ
petition.
Sri Virendra Singh, learned counsel for the respondents is present.
Since the matter is quite old being of the year 1982, it appears that
the petitioner has lost his interest in pursing the case any more.
The writ petition is dismissed for want of prosecution.
Interim order, if any, stands discharged.
Order Date :- 29.3.2023
Arif
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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