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Allahabad High Court

SMT. ANITA AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided

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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