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Allahabad High Court

ASHA RAM AND OTHERSversusSTATE OF U.P. THRU PRIN. SECY. URBAN AND OTHERS

Decided

Holding

The writ petition was dismissed for want of prosecution, with liberty to file a restoration application within one month.

Summary

The petitioners filed a writ petition before the Allahabad High Court seeking relief against the State of U.P. The petitioners failed to appear even after the revised call. The Court observed that the petition was not being prosecuted and therefore dismissed it for want of prosecution. However, the Court granted the petitioners liberty to file a restoration application within one month if they wished to revive the petition. No substantive merits of the petition were considered. The dismissal was procedural, not on the merits of the case.

Issues considered

  • What is the appropriate consequence of a petitioner's failure to appear and prosecute a writ petition?
  • Whether the petitioners are entitled to a restoration of the dismissed petition upon filing an application within a stipulated period?

Subjects

  • writ petition
  • want of prosecution
  • restoration
  • procedural dismissal
  • civil procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 51962 of 2008

                                    Asha Ram And Others
                                                                                                      .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. Thru Prin. Secy. Urban And Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)              :     Amit Saxena, Archana Singh
                                    Counsel for Respondent(s)              :     C.S.C.

                                    Court No. - 2
                                                      HON'BLE ATUL SREEDHARAN, J.
                                                      HON'BLE SIDDHARTH NANDAN, J.

                                    1. None appears for the petitioners even in the revised call.

                                    2. The present writ petition is dismissed for want of prosecution with liberty
                                    granted to the petitioners to file restoration application within one month, if
                                    need be.

                                    March 19, 2026
                                    R.S. Tiwari
                                                                 (Siddharth Nandan,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAVI SHANKAR TIWARI
High Court of Judicature at Allahabad


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