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Allahabad High Court

NITEESH DIXITversusSTATE OF U.P. THRU SECY. AND 2 OTHERS

Decided

Holding

The petition is dismissed for non‑prosecution.

Summary

The petitioner, Niteesh Dixit, filed a writ petition (Writ-C No. 57105 of 2013) before the Allahabad High Court. The case was listed as an 'Oldest Pending Cases' for priority hearing. No counsel or party appeared on behalf of the petitioner on the hearing date. The court observed that, owing to the passage of time and an interim order previously granted, the petitioner appeared to have lost interest in pursuing the petition. Consequently, the court dismissed the petition for non‑prosecution. The dismissal was ordered by the Chief Justice and a Justice of the High Court on 15 September 2026.

Issues considered

  • What is the appropriate course of action when a petitioner fails to appear and appears to have abandoned the writ petition?

Subjects

  • writ petition
  • non‑prosecution
  • dismissal
  • procedural law
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 57105 of 2013

                                    Niteesh Dixit
                                                                                              .....Petitioner(s)
                                                                        Versus

                                    State of U.P. through Secretary and 2 others
                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)       : Chandra Prakash Mishra
                                    Counsel for Respondent(s)       : Rajiv Singh (S.C.), Kapil Dev Singh
                                                                      Rathore, Mahboob Ahmad

                                    Chief Justice's Court
                                                HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. The petition is listed in the category of 'Oldest Pending Cases in this
                                    High Court, for Priority Hearing'.

                                    2. None is present for the petitioner.

                                    3. It appears that due to passage of time and the interim order granted by
                                    the Court, the petitioner has lost interest in the petition. The same is
                                    therefore, dismissed for non-prosecution.


                                                                 (Kshitij Shailendra, J) (Arun Bhansali, CJ)
                                    September 15, 2026
                                    AHA/VS




Digitally signed by :-
AFZAL HUSAIN ABBASI
High Court of Judicature at Allahabad


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