Jaya Kunwar Devda and Another vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Jaya Kunwar Devda and Another vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order earlier granted stands vacated; petitioners directed to deposit costs of Rs.6,000/- within two weeks with the Treasurer, High Court Bar Association, Allahabad (receipt to be given in Court on the next date of listing), failing which coercive action may be taken; case to be put up on 27.02.2026 as fresh. The writ petition itself is not finally decided.

Issue for consideration

Whether the writ petition is liable to be dismissed with heavy costs on the ground that the petitioners made false averments in paragraph-9 of the affidavit regarding their marital status (assertion that it was the first marriage of both petitioners).

Court's answer

Considering the facts and circumstances and the averments in paragraph-9 of the writ petition, the petitioners are directed to deposit costs of Rs.6,000/- within two weeks, to be deposited with the Treasurer, High Court Bar Association, Allahabad, with a receipt to be given in Court on the next date of listing, failing which the Court may take coercive action against the petitioners.

Ratio / Principle

The interim order granted earlier stands vacated.

Detailed headnote1 paragraphs

Interim order — Writ petition (WRIT - C No. 208 of 2026, High Court of Judicature at Allahabad, Vivek Kumar Singh, J.) — Learned Standing Counsel, on instructions, submitted that false averments were made in paragraph-9 of the affidavit filed in support of the writ petition, wherein it was stated that the present marriage was the first marriage of both petitioners; as per instructions, petitioner no. 2 was earlier married to one Mona in 2021 and the said marriage was dissolved by divorce in 2023 — contention that the petitioners had not approached the Court with clean hands and the writ petition was liable to be dismissed with heavy costs — Court directed the petitioners to deposit costs of Rs.6,000/- within two weeks with the Treasurer, High Court Bar Association, Allahabad, receipt to be given in Court on the next date of listing, failing which coercive action may be taken — interim order granted earlier stands vacated — matter to be put up on 27.02.2026 as fresh; the allegation of false averments was not finally adjudicated at this stage.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 208 of 2026

Jaya Kunwar Devda And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Alka,	Rakesh	Kumar
	Rathore,	Rekha Sahu
Counsel for Respondent(s)	: C.S.C.

Court No. - 81

HON'BLE VIVEK KUMAR SINGH, J.

Instructions produced by learned Standing Counsel is taken on record.

At the very outset, Sri Pramit Kumar Pal, learned Standing Counsel submitted that false averments have been made in paragraph-9 of the affidavit filed in support of the writ petition, wherein it has been stated that this is the first marriage of both the petitioners and that prior thereto they were unmarried.

As per the instructions received, petitioner no. 2 was already married and his first marriage was solemnized with one Mona in the year 2021. It is further submitted that the said marriage was dissolved by divorce in the year 2023. The learned Standing Counsel contended that the petitioners have not approached this Court with clean hands and have made false averments in the writ petition and, therefore, the present writ petition is liable to be dismissed with heavy costs.

Considering the facts and circumstances of the present case, as well as the averments made in paragraph-9 of the writ petition, the petitioners are directed to deposit costs of Rs.6,000/- within a period of two weeks from today. The said amount shall be deposited with the Treasurer, High Court Bar Association, Allahabad and a receipt shall be given in the Court on the next

WRIC No. 208 of 2026

2

date of listing, failing which this Court may take coercive action against the petitioners.

Put up this case on 27.02.2026 as fresh.

Interim order, granted earlier, stands vacated.

(Vivek Kumar Singh,J.)

February 4, 2026

Radhika

Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad