Allahabad High Court
M/S. RANI PROMOTERS PVT. LTD.versusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition was dismissed in default as the cause of action became stale due to the petitioner’s failure to appear.
Summary
M/s Rani Promoters Pvt. Ltd. filed a writ petition before the Allahabad High Court against the State of Uttar Pradesh and two others. No counsel appeared on behalf of the petitioner and no adjournment was sought. The court held that the cause of action had become stale due to the petitioner’s failure to press the petition. Consequently, the writ petition was dismissed in default and any interim order was vacated. The court allowed the petitioner six weeks to move an application if it believes the matter still survives.
Issues considered
- Whether a writ petition can be dismissed for default when the petitioner fails to appear and no adjournment is sought
- Whether the cause of action becomes stale due to non‑appearance of the petitioner
Subjects
- writ petition
- default dismissal
- procedural default
- stale cause of action
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37626 of 2025
M/S. Rani Promoters Pvt. Ltd.
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailesh Kumar Pandey
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. The matter was taken up in the revised list. However, none appeared on
behalf of the petitioner to press the petition, nor has any adjournment slip
been moved. Sri K.N. Singh, learned counsel for the respondent is
present.
2. In the absence of any effective representation, it appears that the cause
of action has become stale and the writ petition has been rendered
infructuous.
3. Accordingly, the writ petition is dismissed in default. Interim order, if
any, stands vacated.
4. In case the petitioner feels that the matter still survives, liberty is
granted to him to move an application for recalling this order within six
weeks from today.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
April 23, 2026
Priya
Digitally signed by :-
PRIYA KUSHWAHA
High Court of Judicature at Allahabad
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