A writ petition pending since 1998 was called out in the revised list with no petitioner's counsel appearing. Citing the maxims that law assists only the vigilant and litigation must end, the court dismissed the petition for non-prosecution and vacated any interim order.
Petition dismissed for non-prosecution; interim order, if any, vacated.
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Court No. - 7
Case :- WRIT - B No. - 288 of 1998
Petitioner :- Mohd. Yaqoob Respondent :- D.D.C.Barabanki And Others Counsel for Petitioner :- A.R.Khan,Gufran Siddiqui,R.N.Gupta,Ram Narain Gupta,Tushar Gupta
Counsel for Respondent :- C.S.C.,Anil Kumar Pandey,Bajhul Quamar Siddiqui,Brijendra Singh,Dr.L.P.Misra,Nitin Srivastava,Umesh Kr. Srivastava
Hon'ble Saurabh Lavania,J.
(ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end).
The above said two maxims are sister provisions, which would highlight and spotlight that the party seeking remedy before the Court should be vigilant, otherwise, the law would not come to their help and there should be end to litigation.
Order Date :- 14.3.2024 Vinay/-
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether a writ petition pending since 1998 with no appearance by the petitioner should be dismissed for non-prosecution.
Mohd. Yaqoob
D.D.C. Barabanki
Saurabh Lavania
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
