Allahabad High Court
C/M P.M.S. PUBLIC SCHOOLversusSTATE OF U.P. AND OTHERS
- Decided
Holding
The writ petition is dismissed for want of prosecution, with liberty granted to the petitioner to file a restoration application within one month.
Summary
The petitioners, C/M P.M.S. Public School, filed a writ petition (Writ‑C No. 72580 of 2010) against the State of U.P. and others. No counsel appeared on behalf of the petitioners even after the revised call. The Court observed that the petition was not prosecuted and therefore dismissed it for want of prosecution. The judges, however, 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 order was pronounced on 19 March 2026 by Hon'ble Justices Atul Sreedharan and Siddharth Nandan.
Issues considered
- What is the appropriate consequence when a writ petition is not prosecuted?
- Whether the petitioner is entitled to liberty to file a restoration application after dismissal for want of prosecution.
Subjects
- writ petition
- want of prosecution
- restoration application
- civil procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 72580 of 2010
C/M P.M.S. Public School
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : Kshitij Shailendra
Counsel for Respondent(s) : Brijesh Ojha, C.S.C.
Court No. - 2
HON'BLE ATUL SREEDHARAN, J.
HON'BLE SIDDHARTH NANDAN, J.
1. None appears for the petitioner even in the revised call.
2. The present writ petition is dismissed for want of prosecution with liberty
granted to the petitioner 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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