Abdul Salam And 4 Others v. Waheed

When the Court confronted the fact that the writ petition is highly belated, learned counsel for the petitioners has submitted that earlier the Writ Petition No.4959 of 2010 was filed, which was dismissed and the client was advised to file Matters Under Article 227 of the Constitution of India challenging the orders passed in the year 2009. When the Court perused the material on record, it found that that in para 27, the petitioner has stated that Writ-C No.4959 of 2010 was filed under Article 226 of the Constitution of India and the client was advised to amend it into petition under Article 227 of the Constitution of India. The said writ petition was dismissed in default, wherein a recall application dated 27.10.2021 was filed which is still pending. It is further averred that an amendment application has also been filed in the said writ petition which is also pending. Once, the restoration application along with amendment application is still there, no new petition under Article 227 of the Constitution of India is maintainable for challenging the orders passed in the year 2009. The petitioner may pursue the said writ petition which was filed in the year 2010, and get it converted into Matters Under Article 227 of the Constitution of India. Writ petition fails and is hereby dismissed. Order Date :- 16.4.2025 SK Goswami SHIVAKANT GOSWAMI High Court of Judicature at Allahabad