Created by Fuzzy Cloud

Allahabad High Court

M/S FAMOUS ELECTRONIC AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that the second writ petition is barred as a duplicate filing and dismissed it.

Summary

Petitioners M/s Famous Electronic and others filed Writ Petition No. 16625 of 2026 before the Allahabad High Court seeking relief related to an auction. Respondents raised a preliminary objection that the petition was a second filing on the same cause, the earlier petition (Writ C No. 28347 of 2024) having already been disposed of by the Court. The petitioners' counsel was absent and failed to explain or rebut the objection. The Court examined the objection, found it to have merit, and dismissed the petition without granting any further liberty. The dismissal was ordered on 5 May 2026.

Issues considered

  • Whether a second writ petition filed on the same cause after a prior petition has been disposed of is maintainable.
  • Whether the petition can be dismissed for non-appearance of counsel to meet the preliminary objection.

Subjects

  • writ petition
  • duplicate filing
  • preliminary objection
  • dismissal
  • non-appearance
  • Allahabad High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                      WRIT - C No. - 16625 of 2026

M/S Famous Electronic And 2 Others
                                                             .....Petitioner(s)
                                   Versus
State Of U.P. And 3 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)        : Ahmad Ali Siddiqui, Arun Kumar Soni
Counsel for Respondent(s)        : Amrish Sahai, C.S.C.

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

1. Case called out.

2. Sri Sharad Kumar Asthana, Advocate holding brief of Sri Amrish Sahai,
learned counsel for the respondent and learned Standing Counsel for the
State are present. However, learned counsel for the petitioners is not
present.

3. This Court on the last date preliminary objection was raised that this was
second petition as earlier petition bearing Writ C No. 28347 of 2024 filed by
the same petitioner was disposed of by this Court on 21.09.2024 which has
been conveniently concealed by the petitioner. This Court accordingly, had
granted time to learned counsel for the petitioner to meet objection. The
order dated 30.04.2026 is reproduced herein as under:

     "Learned counsel for the respondents states that this is the
     second writ petition filed by the petitioner for the same cause of
     auction.

     Learned counsel for the petitioner states that he is not aware of
     this fact.

     Let him consult with his client and assist the Court on the next
     date fixed.

     List on 5th May, 2026."

4. Today again the matter is taken up, learned counsel for the petitioner is
                                                                                             WRIC No. 16625 of 2026
                                                                    2


                                    not present to meet the objection. It, therefore, appears that the objection
                                    raised holds merit.

                                    5. Accordingly, the writ petition is dismissed without any further liberty.

                                    May 5, 2026
                                    Mohit
                                                                        (Indrajeet Shukla,J.) (Ajit Kumar,J.)




Digitally signed by :-
MOHIT KUMAR KUSHWAHA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.