Allahabad High Court
ARUN KUMAR SHUKLA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed and a cost of Rs.5,000 is imposed on the petitioners.
Summary
Petitioners Arun Kumar Shukla and another filed a writ petition in the Allahabad High Court and later submitted a supplementary affidavit seeking an unconditional apology for failing to disclose facts about an earlier writ petition. The court examined the petitioners' admission of the procedural lapse. Taking a lenient approach, the court dismissed the writ petition and ordered the petitioners to pay a cost of Rs.5,000 to the High Court Bar Association within three weeks. The court directed that the receipt of payment be submitted to the District Magistrate, Kanpur Nagar, and warned of recovery proceedings if the amount is not paid. The personal appearance of the petitioners was exempted, and the registrar was instructed to communicate the order to the District Magistrate.
Issues considered
- Whether the writ petition should be dismissed for the petitioners' non-disclosure of facts regarding an earlier writ petition
- Whether the court can impose a cost on petitioners for procedural default
Subjects
- writ petition
- cost
- non-disclosure
- procedural default
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33474 of 2026
Arun Kumar Shukla And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Kumar Pal
Counsel for Respondent(s) : Ashish Agrawal, C.S.C., Shrey Singh
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Pursuant to the order passed by this Court petitioners are present
before this Court.
2. In paragraph-9 of the supplementary affidavit petitioners have
sought for unconditional apology for the error committed by them by
not disclosing the facts regarding the filing of earlier writ petition.
3. Taking a lenient view, we dismiss the present writ petition by
imposing a cost of Rs.5,000/-, which shall be deposited by the
petitioners in favour of High Court Bar Association, Allahabad within
three weeks from today and further submit the receipt of deposit
before the District Magistrate, Kanpur Nagar. However, in case
aforesaid cost is not deposited by the petitioner within the period
stated above, the District Magistrate, Kanpur Nagar is directed to
initiate proceedings for recovery of aforesaid amount from the
petitioners within one month.
4. The personal appearance of petitioners, who are identified by their
counsel, are exempted.
5. Registrar (Compliance) is directed to communicate a copy of this
order to the District Magistrate, Kanpur Nagar forthwith.
(Vivek Saran,J.) (Prakash Padia,J.)
September 17, 2026/Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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