Allahabad High Court
ASHOK KUMAR JAISWALversusUNION OF INDIA AND OTHERS
- Decided
Holding
The petition was dismissed for want of prosecution.
Summary
Ashok Kumar Jaiswal filed a writ petition before the Allahabad High Court. No counsel appeared on his behalf, while counsel for the respondents were present. The Court observed that the petition had become infructuous due to the lapse of time or the petitioner's lack of interest. Consequently, the petition was dismissed for want of prosecution and any interim order was discharged. The Court further directed that no application for recall or restoration would be entertained unless supported by an affidavit from the petitioner himself.
Issues considered
- What is the appropriate procedural response when a petitioner fails to appear or prosecute a writ petition?
Subjects
- writ petition
- procedural dismissal
- want of prosecution
- interim order discharge
- recall application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 45152 of 2011
Ashok Kumar Jaiswal
.....Petitioner(s)
Versus
Union Of India And Others
.....Respondent(s)
Counsel for Petitioner(s) : Siddharth Jaiswal
Counsel for Respondent(s) : A.S.G.I., Devi Shanker Shukla, Ishan
Shishu, S.C., Tarun Verma
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Case called out in the revise list.
2. Nobody has put in appearance on behalf of the petitioner to press this
petition, however, Sri Anurag Shukla, learned Advocate holding brief of Sri
Devi Shanker Shukla, learned counsel for respondent nos. 2 and 3 and
learned Standing Counsel for the State respondents are present.
3. It appears that either writ petition has rendered infructuous due to efflux
of time or the petitioner is otherwise no more interested in pursuing the
matter.
4. In view of the above, this petition is dismissed for want of prosecution.
5. Interim order, if any, stands discharged.
6. It is made clear that no recall/restoration application shall be entertained
except it is supported by an affidavit of the petitioner himself.
(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
March 19, 2026
#Vikram/-
Digitally signed by :-
VIKRAM GUPTA
High Court of Judicature at Allahabad
Checking your session…