Allahabad High Court

MITHAI LALversusSTATE OF U.P. AND ANOTHER

Decided: 16 March 2026
Disposal: Allowed/Partly Allowed on merits
Bench: SARAL SRIVASTAVA

Holding

The court dismissed the impleadment applications and the writ petition, imposing costs, because the petitioner did not appear.

Summary

The petitioner failed to appear before the High Court for the hearing of the writ petition and the impleadment applications. Earlier, a Division Bench had remitted the matter to be decided afresh after ordering the impleadment of respondents 4 to 8. The petitioner filed impleadment applications but did not attend the hearing. In view of the non‑appearance, the court dismissed both the impleadment applications and the writ petition, ordering the petitioner to pay costs of Rs. 5,000. The order was pronounced by Justice Saurabh Shyam Shamshery on 17 March 2026.

Issues considered

What is the consequence of the petitioner's failure to appear for the hearing of the writ petition and impleadment applications?

Subjects

impleadment
writ petition
non‑appearance
dismissal
costs
procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 20303 of 2020

                                    Mithai Lal
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Nikhil Kumar, Vagish Yadav, Vijay
                                                                      Shankar Yadav, Vishakha Pande
                                    Counsel for Respondent(s)       : C.S.C., Shambhavi Nandan, Shiv
                                                                      Bahadur Singh

                                    Court No. - 32
                                                 HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    Order on Impleadment Applications No. 13 of 2025 and 14 of 2025 as
                                    well as on Writ Petition

                                    1. None appeared on behalf of petitioner.


                                    2. Therefore, in view of the judgment passed by a Division Bench of this

                                    Court whereby matter was remitted back to decide afresh after impleading

                                    Respondents-4 to 8 and for that impleadment application was filed and in

                                    case of default, it's consequence would follow, therefore, the impleadment

                                    applications as well as writ petition is dismissed with cost of Rs. 5000/-.


                                                                                (Saurabh Shyam Shamshery,J.)
                                    March 17, 2026
                                    AK




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

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