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Allahabad High Court

HARVINDAR KAURversusK.D.A. AND ANR.

Decided

Holding

The writ petition is dismissed in default.

Summary

The petitioner, Harvindar Kaur, filed a writ petition before the Allahabad High Court. No party appeared before the court, although the State's standing counsel was present. The court, noting the absence of representation, dismissed the petition in default and vacated any interim order previously granted. The judges directed that any aggrieved party may file a recall application within one month. No substantive merits of the petition were considered due to the procedural default.

Issues considered

  • What is the appropriate consequence when a writ petition is filed but no party appears before the court?

Subjects

  • default dismissal
  • writ petition
  • procedural default
  • recall application

Judgment

                                            HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - C No. - 31035 of 2014

                                  Harvindar Kaur
                                                                                                .....Petitioner(s)
                                                                     Versus

                                  K.D.A. And Anr.
                                                                                              .....Respondent(s)

                                  Counsel for Petitioner(s)           :    A.K. Srivastava
                                  Counsel for Respondent(s)           :    S.C., Saroj Yadav, Vivek Varma

                                  Court No. - 5
                                                      HON'BLE PRAKASH PADIA, J.
                                                      HON'BLE VIVEK SARAN, J.

                                  1. The matter is listed under heading "Oldest pending cases for priority
                                  hearing".

                                  2. List revised. Nobody is present on behalf of parties though learned
                                  Standing Counsel is present on behalf of the State respondent(s).

                                  3. The writ petition is dismissed in default.

                                  4. Interim order, if any granted earlier, stands vacated.

                                  5. In case, any of the party is aggrieved with this order, he is free to move
                                  the recall application within one month from today.



                                                                          (Vivek Saran,J.) (Prakash Padia,J.)
                                  September 14, 2026
                                  saqlain




Digitally signed by :-
SYED MOHAMMAD SAQLAIN HAIDER
High Court of Judicature at Allahabad


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