Allahabad High Court
JAGDISH PRASADversusADDL.COMMISSIONER ADMN. FAIZABAD AND OTHERS
- Decided
- Disposal
- Dismissed on merits/Rejected
- Bench
- PANKAJ BHATIA
Holding
The writ petition is dismissed for want of prosecution and the interim order is vacated.
Summary
Petitioner Jagdish Prasad filed a writ petition before the Allahabad High Court. The petition was previously adjourned at the petitioner's request, and the court ordered that no further adjournment would be granted and listed the matter for 10 April 2024. On the scheduled date, the petitioner failed to appear while the respondent's counsel was present. The court inferred that the petitioner had lost interest in pursuing the case. Consequently, the writ petition was dismissed for want of prosecution and any interim relief previously granted was vacated.
Issues considered
- What is the appropriate consequence when a petitioner fails to appear for a hearing after being directed that no further adjournments will be granted?
Subjects
- writ petition
- adjournment
- want of prosecution
- dismissal
- interim order vacated
- procedural law
- High Court
Judgment
Neutral Citation No. - 2024:AHC-LKO:29396
Court No. - 7
Case :- WRIT - C No. - 1002987 of 1999
Petitioner :- Jagdish Prasad
Respondent :- Addl.Commissioner Admn. Faizabad And
Others
Counsel for Petitioner :- N.N.Jaiswal,Awadhesh Kumar
Mishra,Mamta Singh,N N Jaiswal,Prashant Jaiswal,Rajesh
Pandey
Counsel for Respondent :- Chief Standing
Counsel,S.P.Tripathi,Vijay Kumar Bajapai
Hon'ble Alok Mathur,J.
1. The matter has been taken up on urgency being mentioned by
respondent counsel for the respondents.
2. This Court on 04.04.2024 has passed following order :-
"1. Smt. Deepika Srivastava, Advocate holding brief of Sri
Prashant Jaiswal, learned counsel for the petitioner prays for
adjournment.
2. It is noticed that on previous occasion also the matter was
adjourned at the behest of petitioner. Assurance has been given
on behalf of petitioner that no such adjournment shall be
sought on the next date of listing.
3. Accordingly, list this case on 10.04.2024, in top ten cases. It
is made clear that no adjournment will be granted at the behest
of petitioner on the next date of listing."
3. Today also when the case has been taken up,no one has
appeared on behalf of petitioner. Sri V.K. Bajpai, learned
counsel for respondent nos. 3 to 7 is present.
4. Considering non appearance on behalf of petitioner, it seems
that petitioner has lost interest in the matter and does not want
to pursue the matter.
5. Accordingly, present writ petition is dismissed for want of
prosecution.
6. Interim order, if any, stands vacated.
Order Date :- 10.4.2024
A. Verma
(Alok Mathur, J.)
Digitally signed by :-
ANURAG VERMA
High Court of Judicature at Allahabad,
Lucknow Bench
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