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Allahabad High Court

SMT. NASREEN KAUSARversusSTATE OF U.P. THRU SECY. AND OTHERS

Decided

Holding

The petition is dismissed for want of prosecution.

Summary

Petitioner Smt. Nasreen Kausar filed a writ petition (Writ‑C No. 74227 of 2011) before the Allahabad High Court. Neither the petitioner nor her counsel appeared for the hearing, though the State's standing counsel was present. The court observed that the petition had become infructuous due to the passage of time and the petitioner's lack of interest. Consequently, the court dismissed the petition for want of prosecution and discharged any interim orders. The court further directed that no recall or restoration application would be entertained unless supported by an affidavit of the petitioner herself.

Issues considered

  • Whether a writ petition may be dismissed for want of prosecution when the petitioner fails to appear?

Subjects

  • writ petition
  • dismissal
  • want of prosecution
  • procedural default
  • Allahabad High Court

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 74227 of 2011

                                    Smt. Nasreen Kausar
                                                                                                    .....Petitioner(s)
                                                                             Versus

                                    State Of U.P. Thru Secy. And Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)          : Vijay Mahendra
                                    Counsel for Respondent(s)          : A.K. Mishra, Anoop Trivedi (Senior
                                                                         Adv.), C.S.C., Mahendra Pratap, Rohan
                                                                         Gupta, V.V. Mishra

                                    Court No. - 1
                                                    HON'BLE AJIT KUMAR, J.
                                                    HON'BLE SWARUPAMA CHATURVEDI, J.

                                    1. Case called out in the revise list.

                                    2. No one is present either for the petitioner or for the respondents
                                    concerned, however, learned Standing Counsel for the State respondents is
                                    present.

                                    3. Matter is of the year 2011 and is listed in the oldest pending cases
                                    category.

                                    4. It appears that either writ petition has rendered infructuous due to efflux
                                    of time or the petitioner is otherwise no more interested in pursuing the
                                    matter.

                                    5. Since neither the petitioner nor her counsel is present, this petition is
                                    dismissed for want of prosecution.

                                    6. Interim order, if any, stands discharged.

                                    7. It is made clear that no recall/restoration application shall be entertained
                                    except it is supported by an affidavit of the petitioner herself.



                                                                  (Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
                                    March 19, 2026
                                    #Vikram/-




Digitally signed by :-
VIKRAM GUPTA
High Court of Judicature at Allahabad


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