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Allahabad High Court

AMVARWATIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The petition is dismissed for want of prosecution.

Summary

The petitioner, Amvarwati, filed a writ petition before the Allahabad High Court. The Court on 28 July 2025 ordered the petitioner to deposit Rs. 2,00,000 with the respondent bank and to produce proof of receipt by 20 August 2025. The petitioner sought adjournments, which were granted on 26 August and 18 September 2025. When the case was listed again, neither the petitioner nor his counsel appeared and no adjournment request was filed. Consequently, the Court dismissed the petition for want of prosecution. The respondent bank’s counsel was present, and the judgment was pronounced on 2 April 2026.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear and does not seek an adjournment?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • procedural default
  • adjournment

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 24379 of 2025

                                    Amvarwati
                                                                                                  .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)         :    Santosh Kumar Shukla, Sushil Kumar
                                    Counsel for Respondent(s)         :    Amrish Sahai, C.S.C.

                                    Court No. - 37
                                                        HON'BLE VINOD DIWAKAR, J.

                                    1. On 28.07.2025, this Court directed the petitioner to deposit a sum of Rs.
                                    2,00,000/- with the respondent-bank and submit a proof of receipt on the
                                    next date of hearing i.e. 20.08.2025. Thereafter on two dates i.e. 26.08.2025
                                    and 18.09.2025, the matter was adjourned on the request of petitioner's
                                    counsel.

                                    2. Today, when the matter was called out in the revised list, none appeared
                                    for the petitioner neither any adjournment slip has been moved by
                                    petitioner's counsel.

                                    3. Accordingly, the petition is dismissed for want of prosecution.

                                    4. Learned counsel for the respondent-bank is present.

                                    April 2, 2026
                                    Shafique
                                                                                             (Vinod Diwakar,J.)




Digitally signed by :-
SAFIKUR RAHAMAN
High Court of Judicature at Allahabad


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