Created by Fuzzy Cloud

Allahabad High Court

SUBHASH CHAND PRASADversusSTATE OF U.P. THRU SECY. AND OTHERS

Decided
Disposal
Dismiss other than merit(DD/Non Prosec./Abated)

Holding

The writ petition was dismissed for want of prosecution, and the interim order was vacated.

Summary

Petitioner Subhash Chand Prasad filed a writ petition before the Allahabad High Court. The petition was to be presented by counsel H.P. Mishra, but no representative appeared on the day of hearing. The Court observed that the petition could not be prosecuted in the absence of a petitioner or counsel. Consequently, the writ petition was dismissed for want of prosecution and the interim order, if any, was vacated. No substantive merits of the petition were considered.

Issues considered

  • What is the procedural requirement for prosecuting a writ petition in the High Court?
  • Can a writ petition be dismissed solely on the ground of non-appearance of the petitioner or counsel?

Subjects

  • writ petition
  • procedural law
  • want of prosecution
  • interim order vacated
  • high court dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 17280 of 2013

                                    Subhash Chand Prasad
                                                                                                  .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. Thru Secy. And Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : H.P. Mishra
                                    Counsel for Respondent(s)        : Ashish Kumar Srivastava, Dhananjay
                                                                       Awasthi, Tanisha Jahangir Monir

                                    Court No. - 40
                                                     HON'BLE SARAL SRIVASTAVA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    List has been revised. No one is present on behalf of the petitioner to press
                                    the petition.

                                    Consequently, the writ petition is dismissed for want of prosecution.

                                    Interim order, if any, stands vacated.

                                    October 6, 2025
                                    Sattyarth
                                                               (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
SATTYARTH ANAND
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.