Allahabad High Court
ILTIFAT HUSAIN and ORS.versusSTATE OF U.P. THRU SECY.URBAN DEVELOPMENT LUCKNOW and ORS.
- Decided
- Disposal
- Dismissed on merits/Rejected
Holding
The court held that no cause of action survived and therefore dismissed the writ petition.
Summary
The petitioners filed a writ petition in the Allahabad High Court under the priority case category, but failed to appear before the court. The State respondents were represented by standing counsel. Upon reviewing the record, the court found that no cause of action remained in favor of the petitioners. Consequently, the court consigned the matter to the record and disposed of the petition. The petitioners were given liberty to file an application for recall, variation, or modification of the order if they believe a cause of action still exists.
Issues considered
- Whether a cause of action subsists in the writ petition after the petitioners' non-appearance
Subjects
- writ petition
- cause of action
- non-appearance
- disposal
- priority case
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 8717 of 2021
Iltifat Husain And Ors.
.....Petitioner(s)
Versus
State Of U.P. Thru Secy.Urban Development
Lucknow And Ors. .....Respondent(s)
Counsel for Petitioner(s) : Manish Jauhari, Ambuj Kumar Bajpai,
Shruti Sahu
Counsel for Respondent(s) : C.S.C., Ratnesh Chandra, Shobhit
Mohan Shukla
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. The present writ petition has been appearing under the heading of
"Priority Cases".
2. None appears on behalf of the petitioners even in the revised call.
3. Learned Standing Counsel appears on behalf of the State-respondents.
4. Upon perusal of the record, it appears that no cause of action survives,
and accordingly, the matter is consigned to record.
5. The writ petition is disposed of.
6. In the event, the petitioners are of the view that the cause of action still
survives, liberty is granted to the petitioners to file an application for
recall/variation/modification of this order in accordance with law.
(Prashant Kumar,J.) (Shekhar B. Saraf,J.)
October 27, 2025
Ashutosh
Digitally signed by :-
ASHUTOSH PANDEY
High Court of Judicature at Allahabad,
Lucknow Bench
Checking your session…