The Allahabad High Court has dismissed a writ petition filed by an advocate appearing in person, imposing a heavy cost of Rs. 1 Lakh. The Court took strong exception to the “cursory manner” in which the petition was drafted and noted that the issue raised had already been settled by a Division Bench.
Justice Saurabh Shyam Shamshery passed the order in the case of Abhishek Malaviya vs. Commissioner By Name Personally From Kendriya Vidyalaya Sangathan And 2 Others.
Background of the Case
The petitioner, Abhishek Malaviya, appeared in person before the Court and identified himself as an Advocate. He filed the writ petition seeking relief against the Commissioner of Kendriya Vidyalaya Sangathan and others.
However, upon perusing the petition, the Court found significant procedural and drafting defects. The Court noted that although the defects had been pointed out earlier, they were not cured by the petitioner.
Court’s Observations on Drafting
The Single Judge expressed strong disapproval regarding the professional standards maintained in the drafting of the petition. The Court observed that despite the petitioner declaring himself to be an Advocate, the writ petition was drafted “like a layman in a very cursory manner.”
Highlighting specific instances of unprofessional drafting, the Court noted:
“The words used in this writ petition are not in a proper format as there are words that ‘prayer starts from here’. Array of parties is also not proper and defect though pointed out was not cured.”
Issue Already Settled
Beyond the technical defects, the Court examined the merits of the case and found that the subject matter was barred by a previous decision. The Court observed that the specific issue raised in the present writ petition had already been settled against the petitioner by a Division Bench of the High Court.
The Court referred to the order dated January 16, 2025, passed in Writ-A No. 341 of 2025 (Neutral Citation No. 2025:AHC:6813-DB). Since the matter had already been adjudicated, Justice Shamshery held:
“Therefore, I do not find any reason to grant relief as sought.”
Decision
In view of the “cursory” drafting and the fact that the issue was already settled, the High Court dismissed the writ petition.
The Court imposed a cost of Rs. 1,00,000 (Rupees One Lakh) on the petitioner.
Following the dismissal, the petitioner, present in person, gave an undertaking to the Court. The judgment records:
“Petitioner in person undertakes that he will deposit the aforesaid amount during the course of the day before Registrar General of this Court and he will supply the receipt of the same.”
The Court directed the Registrar (Compliance) to take necessary steps to ensure compliance.
Case Details:
- Case Title: Abhishek Malaviya vs. Commissioner By Name Personally From Kendriya Vidyalaya Sangathan And 2 Others
- Case Number: WRIT – A No. 19508 of 2025
- Bench: Justice Saurabh Shyam Shamshery
- Neutral Citation: 2026:AHC:2503
