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Allahabad High Court

KRISHNA GOPAL TIWARI AND ANOTHERversusANU VIBHAGIYA ADHIKARI AND 2 OTHERS

Decided

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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