Summary
| Category | Data |
|---|---|
| Case Name | WRIC/3003187/1984 of STATE OF U.P. THROUGH COLLECTOR LAKHIMPUR KHERI Vs SMT. LEKHA RAJEY AND OTHERS |
| CNR | UPHC020002061984 |
| Date of Registration | 01-01-1984 |
| Decision Date | 31-08-2022 |
| Disposal Nature | Dismissed in default |
| Judgment Author | Hon’ble Manish Kumar, J. |
| Court | Allahabad High Court |
| Bench | Single Judge |
| Overrules / Affirms | Affirms existing procedural principle |
| Type of Law | Constitutional Writ Petition (Article 226) – Procedure |
| Questions of Law | Whether a writ petition may be dismissed in default when petitioner’s counsel fails to appear and no adjournment is sought |
| Ratio Decidendi | Where no one appears for a writ petition and no adjournment is requested, the petition is liable to be dismissed in default. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All litigants before the Allahabad High Court |
| Persuasive For | Other High Courts |
| Follows | Established procedural jurisprudence under Article 226 and High Court Rules |
What’s New / What Lawyers Should Note
- Reaffirms that the High Court’s inherent power under Article 226 includes dismissing petitions for non-prosecution.
- Confirms that absence of counsel and failure to seek adjournment justify dismissal in default without further inquiry.
- Lawyers should ensure appearance or timely adjournment applications to avoid summary dismissal.
Summary of Legal Reasoning
- The matter was listed in the revised cause list for 31-08-2022.
- No counsel appeared on behalf of the petitioner nor was any adjournment sought.
- Inherent power under Article 226 and High Court Rules permits dismissal of non-prosecuted writ petitions.
- Accordingly, the petition was dismissed in default for failure to prosecute.
Factual Background
Petitioner filed WRIT-C No. 3003187 of 1984 under Article 226 on 01 January 1984. When the matter came up for hearing on 31 August 2022, no one appeared for the petitioner and no request for adjournment or pass-over was made. The High Court, exercising its procedural power, dismissed the petition in default.
Statutory Analysis
- Article 226 of the Constitution grants High Courts power to issue writs and manage their own procedure.
- High Court Rules permit dismissal in default if a party neither appears nor seeks adjournment.
Alert Indicators
- Precedent Followed – Affirmation of established procedural power to dismiss non-prosecuted writ petitions.