Allahabad High Court
MAUJI LALversusRAKESH CHANDRA
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed as infructuous.
Summary
The petition under Article 227 was filed in 2017 by Mauji Lal against Rakesh Chandra. No counsel for the petitioner appeared at the hearing and the case was not marked to indicate that the cause of action still survived. The court noted a notice requiring old cases to be taken up promptly and warned of dismissal if the cause of action was not shown to exist. Considering the petitioner's non‑appearance and the likelihood that the cause of action had become moot, the court held the petition to be infructuous. Consequently, the petition was dismissed.
Issues considered
- Whether the petition under Article 227 remains maintainable despite the petitioner's non‑appearance and apparent lapse of the cause of action
Subjects
- Article 227
- writ jurisdiction
- infructuous
- non-appearance
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3780 of 2017
Mauji Lal
.....Petitioner(s)
Versus
Rakesh Chandra
.....Respondent(s)
Counsel for Petitioner(s) : Abhay Raj Yadav
Counsel for Respondent(s) : Rajeev Tiwari
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Case is called out. None appears for the petitioner to press this petition.
2. The matter is listed in the category of "writ likely to have become
infructuous".
3. A notice has been placed in the cause list specifically, mentioning that
"old cases up to the year 2022 shall be taken up in the first round itself. In
case of non-appearance, matter shall be dismissed as infructuous or
otherwise, and in the cases, where the cause of action still survives, the
concerned advocates are expected to mark them accordingly in the cause
list. Failure to do so, may result in its dismissal as infructuous" but,
neither the counsel for the petitioner has appeared nor has the case been
marked to indicate that the cause of action still survives.
4. This matter is pending since 2017. It appears that either the petitioner
has lost interest in pursuing the matter or it has become infructuous.
5. Accordingly, the instant matter under Article 227 is dismissed as
infructuous.
(Mrs. Manju Rani Chauhan,J.)
September 29, 2026
K.N.
Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad
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