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Allahabad High Court

SUCHA SINGH AND OTHERSversusPRESCRIBED AUTHORITY KHERI AND OTHERS

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

Holding

The Court dismissed the writ petition for want of instruction, allowing the petitioners to file a recall application within two months.

Summary

The petitioners filed a writ petition (C No. 3000056 of 1999) before the Allahabad High Court, Lucknow Bench. Counsel for the petitioners reported that despite extensive efforts, the petitioners could not be contacted. Consequently, the petitioners' counsel requested that the writ petition be dismissed for want of instruction, seeking liberty to file a recall application within two months. The Court considered the request and the procedural situation. It dismissed the writ petition for want of instruction, granting the petitioners liberty to file a recall application within the stipulated period. The order was dated 22 April 2025.

Issues considered

  • Whether a writ petition may be dismissed for want of instruction when the petitioners are uncontactable

Subjects

  • writ petition
  • dismissal
  • procedural
  • lack of instruction
  • court order

Judgment

                                                           Neutral Citation No. - 2025:AHC-LKO:23023

                                         Court No. - 4

                                         Case :- WRIT - C No. - 3000056 of 1999

                                         Petitioner :- Sucha Singh And Others
                                         Respondent :- Prescribed Authority Kheri And Others
                                         Counsel for Petitioner :- G.S.Nigam,Abhisht Saran,Rahul
                                         Kumar Kashyap,V.K.Pandey
                                         Counsel for Respondent :- Chief Standing Counsel,Anil
                                         Kumar Mishra,G.S.Nigam,Shafiq Mirza,Umajeet Gupta,Vivek
                                         Kumar Singh

                                         Hon'ble Irshad Ali,J.

                                         1. Heard learned counsel for the petitioners, Sri Rajiv
                                         Srivastava, learned Additional Chief Standing Counsel for the
                                         State-respondent and Sri Anil Kumar Mishra, learned counsel
                                         for the respondent.

                                         2. Learned counsel for the petitioners informed that in spite of
                                         best efforts made to contact the petitioners, the petitioners could
                                         not be contacted, therefore, he requested to dismiss the writ
                                         petition for want of instruction with liberty to file recall
                                         application within two months.

                                         3. Accordingly, the case is dismissed for want of instruction
                                         with aforesaid liberty.

                                         Order Date :- 22.4.2025
                                         Gautam




Digitally signed by :-
GAUTAM TECKCHANDANI
High Court of Judicature at Allahabad,
Lucknow Bench


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