Allahabad High Court
SMT. ANITA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
A writ petition is dismissed for want of prosecution when the petitioners fail to appear for hearing.
Summary
The petitioners, Smt. Anita and another, filed a writ petition before the Allahabad High Court. They failed to appear for hearing on the original date and on two subsequent dates (17‑02‑2026 and 22‑04‑2026) despite being listed. The respondent State, represented by the Additional Chief Standing Counsel, was present. The Court held that the petition could not proceed in the absence of any prosecution by the petitioners. Consequently, the writ petition was dismissed and the interim order, if any, was vacated.
Issues considered
- What is the effect of non‑appearance of petitioners on the continuance of a writ petition?
Subjects
- writ petition
- want of prosecution
- procedural default
- interim order vacated
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 40255 of 2025
Smt. Anita And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Maurya
Counsel for Respondent(s) : C.S.C.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Even in the revised list none has appeared for the petitioners. However
learned Additional Chief Standing counsel for the State is present.
On 17.2.2026 and 22.4.2026 also none was present for the petitioners
even in the revised list.
The present writ petition is dismissed for want of prosecution.
Interim order, if any, stands vacated.
(Sanjay Kumar Pachori,J.)
May 6, 2026
A.
Digitally signed by :-
AFAQ AHMAD
High Court of Judicature at Allahabad
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