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Allahabad High Court

MRITYUNJAY TIWARIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Mrityunjay Tiwari, filed a writ petition (Writ‑C No. 11579 of 2025) before the Allahabad High Court. During the hearing, the petitioner’s counsel was absent while the respondents’ counsel and the standing counsel were present. The court noted the non‑appearance of the petitioner’s counsel and, on that basis, dismissed the petition for want of prosecution. Consequently, any interim relief that had been granted was discharged. The order was pronounced on 6 May 2026 by Judges Ajit Kumar and Indrajeet Shukla.

Issues considered

  • What is the appropriate course of action when the petitioner’s counsel is absent and the petition is not being prosecuted?

Subjects

  • writ petition
  • want of prosecution
  • procedural dismissal
  • interim order discharge
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 11579 of 2025

                                    Mrityunjay Tiwari
                                                                                                  .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Ashutosh Chaubey, Vikas Tiwari
                                    Counsel for Respondent(s)            :   C.S.C., Ghan Shyam Maurya

                                    Court No. - 1
                                                      HON'BLE AJIT KUMAR, J.
                                                      HON'BLE INDRAJEET SHUKLA, J.

                                    1. Case has been called out upon mention being made on behalf of the
                                    petitioner, however counsel for the petitioner is not present, although Sri
                                    Ghan Shyam Maurya, learned counsel for the respondents and Sri Mukul
                                    Tripathi, learned Standing Counsel are present.

                                    2. Accordingly, this petition is dismissed for want of prosecution.

                                    3. Interim order, if any, stands discharged.

                                    May 6, 2026
                                    Pratima
                                                                         (Indrajeet Shukla,J.) (Ajit Kumar,J.)




Digitally signed by :-
PRATIMA AGRAHARI
High Court of Judicature at Allahabad


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