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Allahabad High Court

ARVIND KUMARversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

A writ petition is not maintainable if the petitioner fails to comply with the notice directing a reply before filing the petition.

Summary

Arvind Kumar filed a writ petition challenging a notice dated 17 December 2025 issued by the Assistant Collector‑Tehsildar of Etawah, which directed him to submit a reply within a stipulated period. The petitioner did not file the required reply before approaching the court. The High Court examined the notice and the petitioner's failure to comply with it. It held that the writ petition was not maintainable because the petitioner had not responded to the notice as mandated. Consequently, the court dismissed the petition.

Issues considered

  • Is a writ petition challenging a notice maintainable when the petitioner has not filed the reply required by that notice?

Subjects

  • writ petition
  • notice
  • maintainability
  • administrative law
  • high court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 8028 of 2026

                                    Arvind Kumar
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)      : Krishna Kant Dubey, Santosh Kumar
                                                                     Dubey
                                    Counsel for Respondent(s)      : C.S.C.

                                    Court No. - 6
                                                         HON'BLE PRAKASH PADIA, J.

                                    1. The notice dated 17.12.2025 issued by the respondent no.3-Assistant
                                    Collector-I/Tehsildar, Tehsil Sadar, District Etawah in Case
                                    No.T202503220121660 of 2025 is under challenge in the present writ
                                    petition. By the aforesaid notice petitioner was directed to submit his
                                    reply within a time bound period. Aggrieved against the aforesaid
                                    petitioner has preferred present writ petition.

                                    2. Heard learned counsel for the parties and perused the records.

                                    3. After going through the records, the Court is of the prima facie opinion
                                    that by the notice in question petitioner was directed to submit his reply
                                    but without submitting any reply the present writ petition has been filed
                                    against the issuance of notice, which in the opinion of Court is not
                                    maintainable.

                                    4. In view of the same, present writ petition is dismissed.



                                                                                            (Prakash Padia,J.)
                                    March 19, 2026
                                    Pramod Tripathi




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad


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