Allahabad High Court
NAGENDRA PRASAD VISHWAKARMA AND ANOTHERversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The Court held that the petition cannot proceed without the personal affidavit and ordered the petitioners to reply and the office to retrieve the affidavit.
Summary
Petitioners Nagendra Prasad Vishwakarma and another filed a writ petition challenging alleged actions of the State of Uttar Pradesh. The standing counsel submitted that a personal affidavit was filed on 26-02-2026 but was not placed on record, and asserted that the alleged misconduct could not have occurred because the Sub‑Inspector of Police concerned had been transferred on 14-01-2026. The Court noted the absence of the affidavit and directed the petitioners to file a reply to the affidavit within two weeks. It also ordered the office to locate and place the personal affidavit on record. The matter was listed for further hearing on 21‑04‑2026, with no final disposal of the petition.
Issues considered
- What is the effect of the non‑production of the personal affidavit on the pendency of the writ petition?
- Whether the alleged act can be said to have occurred given the transfer of the Sub‑Inspector of Police?
Subjects
- writ petition
- personal affidavit
- procedural order
- police transfer
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 3023 of 2026
Nagendra Prasad Vishwakarma And Another
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anoop Bhaiya Lal Shukla, Manish
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
Learned Standing Counsel has obtained instructions in the matter and placed the same
before this Court, which are taken on record. Copy of which is also supplied to the
learned counsel for the petitioner.
Learned Standing Counsel submits that personal affidavit has been filed with the
registry on 26.2.2026, however, same is not on record. However, he submits that as
per instructions obtained, no such act has taken place as alleged in the pleadings raised
in the present petition inasmuch as, Sub Inspector of Police has stood transferred from
the place in question on 14th January, 2026.
Let reply be filed in the matter by the petitioner to the personal affidavit within a
period of two weeks.
List this case on 21st April, 2026.
In the meanwhile, office is directed to trace the personal affidavit and place the same
on record.
March 23, 2026
Sanjeev
(Siddharth Nandan,J.) (Ajit Kumar,J.)
Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad
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