RAKESH KUMAR KANOJIYA AND 10 OTHERS v. UNION OF INDIA AND 5 OTHERS
WRIC/39739/2026 · 2026-09-29
Saurabh Shyam Shamshery
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11909 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11909 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39739 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Ms. Diksha Maurya, learned counsel for petitioner and S/Sri S.K. Om and Shubhendu Mishra, learned counsel for respondents.
2. Court finds that despite a specific direction passed by Division Bench of this Court on 08.12.2023 that petitioners shall argue the appeal filed under provisions of Section 340 of Cantonments Act, 2006, however, it appears that petitioners were not diligent to argue their case effectively. Even no written submissions were filed.
3. Still considering that appeal ought to have been decided on merit on basis of averments made in memo of appeal. Copy of same is not annexed in this writ petition, however, there is no discussion in the impugned order in regard to memo of appeal.
4. In view of above, a last opportunity is granted to petitioners to file written submissions within 15 days from today and no further opportunity will be granted thereafter. The Authority concerned will fix a date for hearing of appeal after 15 days. The petitioners or their advocates shall appear on next date fixed and will argue the appeal and in case they do not appear, the matter will be heard ex-parte.
5. Since petitioners are on default, therefore, a cost of Rs. 5000/- is imposed on each petitioner to be deposited before Authority concerned within two weeks before concerned Authority.
6. In view of above, impugned order dated 18.07.2026 is set aside and Versus Counsel for Petitioner(s) : Mohit Kumar Counsel for Respondent(s) : A.S.G.I., Shubhendu Mishra Rakesh Kumar Kanojiya And 10 Others .....Petitioner(s) Union Of India And 5 Others .....Respondent(s)
matter is remitted back to concerned Authority to pass a fresh order taking note of above observations.
7. Writ petition stands disposed of with above observations, liberty and directions. September 30, 2026 N. Sinha WRIC No. 39739 of 2026 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad