Created by Fuzzy Cloud

Allahabad High Court

NAGAR NIGAM MEERUTversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

Nagar Nigam Meerut filed a writ petition against the State of Uttar Pradesh and four other respondents. The petition was initially set for dismissal with exemplary costs, but the petitioner was granted time to seek further instructions. Subsequent adjournments were sought, but the petitioner failed to appear on the scheduled date and later requested another adjournment without sufficient justification. The court rejected the adjournment request, finding no valid ground. Consequently, the writ petition was dismissed for want of prosecution.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and does not provide sufficient grounds for adjournment in a writ proceeding?

Subjects

  • writ petition
  • adjournment
  • want of prosecution
  • dismissal
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 23600 of 2025

                                    Nagar Nigam Meerut
                                                                                                  .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                   :   Namit Kumar Sharma
                                    Counsel for Respondent(s)                   :   C.S.C.

                                    Court No. - 37
                                                        HON'BLE VINOD DIWAKAR, J.
                                    1. On 23.07.2025, the matter was heard and the Court was of the view to
                                    dismiss the writ petition with exemplary costs. However, learned counsel for
                                    the petitioner sought and was granted two weeks' time to obtain further
                                    instructions. Thereafter, on 11.08.2025, the matter was adjourned on the
                                    request of learned counsel for the petitioner. On 15.09.2025, none appeared
                                    on behalf of the petitioner and the matter was adjourned for two weeks.
                                    2. Today, when the matter was taken up in the revised list, Shri Ankit
                                    Kumar, learned proxy counsel appearing for Shri Namit Kumar Sharma,
                                    learned counsel for the petitioner, sought an adjournment. No sufficient
                                    ground has been made out for granting adjournment. Accordingly, the prayer
                                    for adjournment is rejected.

                                    3. Consequently, the writ petition is dismissed for want of prosecution.
                                    April 2, 2026
                                    Shafique
                                                                                             (Vinod Diwakar,J.)




Digitally signed by :-
SAFIKUR RAHAMAN
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.