In a writ petition under the Supreme Court Order (Expedited) list, the Allahabad High Court dismissed the petition for want of prosecution after repeated adjournments granted despite notices, following the Supreme Court's deferred hearing order.
The writ petition is dismissed for the want of prosecution.
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Court No. - 40 Case :- WRIT - C No. - 2963 of 2020 Petitioner :- Abdul Waheed Education And Charitable Trust And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Udai Chandani,Akash Deep Srivastava,Indra Bhan Yadav,Rahul Sahai Counsel for Respondent :- C.S.C.,A.S.G.I.,Ashish Kumar Singh,Avanish Mishra,Dhurva Kant Chaturvedi,Mahendra Pratap
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.
The present matter is listed under the heading "HON'BLE SUPREME COURT ORDER (EXPEDITED)".
The matter was placed before us on 17.02.2022 and the Court has proceeded to pass the following order:-
"Present matter is listed under the heading "HON'BLE SUPREME COURT ORDER (EXPEDITED)".
List has been revised. Shri Indra Bhan Yadav, learned counsel for the petitioners has sent illness slip. Learned Standing Counsel for State respondents; Shri Avanish Mishra for the respondent no.3 and Shri D.K. Chaturvedi for the respondent no.4 are present.
In this backdrop, we have occasion to peruse the ordersheet and find that on 24.9.2021 the Court has proceeded to pass following order:-
"In terms of the order of Supreme Court dated 08.12.2020, this Court has to decide the validity of the order cancelling essentiality certificate dated 03.01.2020 uninfluenced by pendency of the petition before the Supreme Court. However, none is present for the parties.
List again on 19.10.2021."
Thereafter, the matter was listed on 24.6.2022 and the Court has passed following order:-
"Sri Anurag Sharma, Advocate holding brief of Sri Avanish Mishra and Sri Dhurva Kant Chaturvedi, learned counsel for the respondents are present.
It is evident that in a Special Leave to Appeal filed by the petitioners before the Apex Court, by the order dated 8.12.2020, the Apex Court has refused to interfere, however, hearing of the Special Leave to Appeal was deferred and this Court has been directed to decide on the issue of validity of cancellation of essentiality certificate dated 3.1.2020, uninfluenced by the pendency of the Special Leave to Petition.
The matter is being listed regularly. On several occasions, adjournment has been sought by the learned counsel for the petitioner.
As a last opportunity, the matter is adjourned today.
List on 21st July, 2022 in the additional cause list.
It is made clear that no further adjournment would be granted on the next date fixed."
Thereafter, the matter was listed on 9.12.2022 and posted for 9.12.2022. Thereafter, the matter has been listed today. It also transpires from the record that Shri Indra Bhan Yadav, learned counsel for the petitioners has also given NOC in favour of Shri Rahul Sahai but he is also not present even in revised call to press the writ petition on behalf of the petitioners.
List this matter again on 24.1.2023."
Today, when the case called in the revised list, nobody has turned up to press the present writ petition.
Shri Avanish Mishra, learned counsel appearing for the third respondent and Shri D.K. Chaturvedi, learned counsel for the respondent no. 4 are present.
Shri Raj Mohan Upadhyay, learned Standing counsel for the State-respondent submits that even though the short-counter affidavit on behalf of the State has been filed on 05.02.2021, no rejoinder affidavit has been filed.
Shri Avanish Mishra, learned counsel representing the third respondent has also placed reliance on Para No. 17 and 19 of the judgement passed by the Apex Court in V.N. Public Health and Educational Trust vs. State of Kerala and others, report in 2021 0 Supreme(SC) 104 . He submits that on the basis of said dictum of the Apex Court, petitioner has no case. He further submits that nobody has turned up on behalf of the petitioner to press the present writ petition.
Considering the facts and circumstances, once the repeated indulgence was accorded to the petitioner vide orders dated 24.09.2021, 24.06.2022 and lastly on 24.01.2023 inspite of repeated orders and the matter is listed under the heading "HON'BLE SUPREME COURT ORDER (EXPEDITED)" but nobody turn up to press the writ petition on behalf of the petitioner.
Accordingly, the writ petition is dismissed for the want of prosecution.
Order Date :- 24.1.2023 /Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition should be dismissed for want of prosecution due to the petitioner's repeated failure to appear and press the matter.
Colour shows how this judgement treated each authority
V.N. Public Health and Educational Trust vs. State of Kerala and othersReferred¶22
V.N. Public Health and Educational Trust vs. State of Kerala and others, report in 2021 0 Supreme(SC) 104
Supreme Court dated 08.12.2020Referred¶8
Abdul Waheed Education And Charitable Trust And Another
State Of U.P.
Respondent No. 3
Respondent No. 4
Mahesh Chandra Tripathi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
