Allahabad High Court
KRISHNA GOPAL TIWARI AND ANOTHERversusANU VIBHAGIYA ADHIKARI AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is dismissed as infructuous because of the efflux of time.
Summary
The petitioners filed a writ petition under Article 227 of the Constitution before the Allahabad High Court. During the hearing, counsel for the petitioners, Rishikesh Tripiri, informed the court that the matter had become infructuous due to the efflux of time. The court considered whether the petition could still be entertained despite the lapse. Relying on the principle that a petition which has become moot cannot be entertained, the court held that the writ petition could not proceed. Consequently, the court dismissed the petition as infructuous. No substantive merits of the underlying dispute were addressed.
Issues considered
- Whether the writ petition is maintainable when the cause of action has become infructuous due to the lapse of time?
Subjects
- Article 227
- writ petition
- infructuous
- efflux of time
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 1887 of 2015
Krishna Gopal Tiwari And Another
.....Petitioner(s)
Versus
Anu Vibhagiya Adhikari And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rishikesh Tripathi
Counsel for Respondent(s) : S.K. Chaturvedi, Shashwat Kishore
Chaturvedi
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Sri Rishikesh Tripathi, learned counsel for the petitioners states that the
matter has become infructuous by efflux of time.
2. In view of the statement so made, present writ petition stands dismissed
as infructuous.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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