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Allahabad High Court

SMT. MEENAKSHI PANDEY AND 41 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

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

Summary

The petitioners filed a writ petition (Writ-C No. 67376 of 2013) before the Allahabad High Court seeking relief against the State of U.P. and two other respondents. No petitioner appeared in court even after the revised call, indicating a lack of prosecution of the petition. The Court observed that the petition was abandoned due to want of prosecution. Consequently, the Court dismissed the writ petition, but granted the petitioners liberty to file a restoration application within one month if they wished to revive the case. No substantive merits of the petition were considered as the procedural default led to dismissal.

Issues considered

  • What is the appropriate consequence when a writ petition is not prosecuted and the petitioner fails to appear before the Court?

Subjects

  • writ petition
  • want of prosecution
  • restoration application
  • procedural default
  • civil procedure

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - C No. - 67376 of 2013

                                    Smt. Meenakshi Pandey And 41 Others
                                                                                                      .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)        : Amit Saxena
                                    Counsel for Respondent(s)        : C.S.C., Kaushalendra Nath Singh,
                                                                       Nisheeth Yadav, Ramendra Pratap Singh

                                    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 18, 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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