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Allahabad High Court

KABRISTAN DHAKE WALA THRU SECRETARY VILLAGE AND ANOTHERversusSSTATE OF U.P. AND OTHERS

Decided

Holding

The petition is dismissed for want of prosecution.

Summary

The writ petition (Writ C No. 35096 of 2010) was filed by Kabristan Dhake Wala Thru Secretary Village and another against the State of U.P. and others. The petition remained pending for several years and, by the date of hearing in 2026, no counsel appeared on behalf of the petitioner. The respondents' counsel and the State's standing counsel were present. The court observed that the matter had become infructuous due to the lapse of time and the petitioner's apparent lack of interest in pursuing the writ. Consequently, the court dismissed the petition for want of prosecution, and any interim orders, if any, were discharged.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear before the court.

Subjects

  • writ petition
  • dismissal
  • procedural default
  • want of prosecution
  • court procedure

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 35096 of 2010

                                    Kabristan Dhake Wala Thru Secretary Village And Another
                                                                                                           .....Petitioner(s)
                                                                                Versus
                                    Sstate Of U.P. And Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)            :    Nitin Kumar Agrawal, Shiv Bahadur Singh
                                    Counsel for Respondent(s)            :    Anuj Kumar, Azad Rai, C.S.C., Pankaj Kumar
                                                                              Tiwari, Pranjal Mehrotra, Sunil Kumar Singh,
                                                                              V.K. Rai

                                    Court No. - 1
                                                       HON'BLE AJIT KUMAR, J.
                                                       HON'BLE SWARUPAMA CHATURVEDI, J.

                                    List is being revised. Nobody is present on behalf of the petitioner whereas Sri
                                    V.K.Rai, learned counsel for respondent no. 4 as well as learned Standing Counsel Sri
                                    Anubhav Chandra, representing State respondent are present.

                                    The matter is of the year 2010. It appears that either matter has rendered infructuous
                                    due to efflux of time or the petitioner is no more interesting in pursuing the writ
                                    petition.

                                    However, since petitioner is not present, we are dismissing the present petition for
                                    want of prosecution.

                                    Interim order, if any, stands discharged.

                                    March 18, 2026
                                    Sanjeev
                                                                             (Swarupama Chaturvedi,J.) (Ajit Kumar,J.)




Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad


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