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Allahabad High Court

JAGDISH CHANDRA SAINI AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is dismissed for want of prosecution.

Summary

Petitioners Jagdish Chandra Saini and two others filed a writ petition before the Allahabad High Court. No counsel appeared on behalf of the petitioners to press the petition, while counsel for the respondents were present. The court noted that the matter, listed in 2015, was an old pending case and appeared to have become infructuous due to the passage of time or lack of interest by the petitioners. Consequently, the court dismissed the petition for want of prosecution. The interim order, if any, was discharged, and the court clarified that any recall or restoration application must be supported by an affidavit of the petitioner.

Issues considered

  • What is the appropriate disposition when a writ petition is not prosecuted and no petitioner appears before the court?

Subjects

  • writ petition
  • dismissal for want of prosecution
  • procedural default
  • court procedure
  • non-appearance

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 57652 of 2015

                                    Jagdish Chandra Saini And 2 Others
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 2 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : D.K. Mishra
                                    Counsel for Respondent(s)       : Anoop Trivedi (Senior Adv.), C.S.C.,
                                                                      Kartikeya Saran, Mahendra Pratap,
                                                                      Tejasvi Misra

                                    Court No. - 1
                                                      HON'BLE AJIT KUMAR, J.
                                                      HON'BLE INDRAJEET SHUKLA, J.

                                    1. Case called out in the revised list. Nobody has put in appearance on
                                    behalf of the petitioner to press this petition, however, Sri Gaurang
                                    Tiwari, learned Advocate holding brief of Sri Tejasvi Misra, learned
                                    counsel for the respondent as well as learned Standing Counsel for the
                                    State respondents is present.

                                    2. The matter is of the year 2015 which is listed in the category of oldest
                                    pending cases for priority hearing.

                                    3. It appears, therefore, 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.



                                                                       (Indrajeet Shukla,J.) (Ajit Kumar,J.)
                                    May 5, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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