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Allahabad High Court

RAKESH KUMAR GARGversusADDITIONAL DISTRICT JUDGE AND 2 OTHERS

Decided

Holding

The petition is dismissed as infructuous because the trial court proceedings have been concluded.

Summary

The petitioners filed a petition under Article 227 of the Constitution challenging the proceedings of a trial court. The trial court had already concluded its proceedings, as indicated by an office report dated 14 July 2026. The High Court observed that because the trial court proceedings were completed, the petition had become infructuous. Consequently, the Court dismissed the petition. The Court noted that if any cause of action still survives, the aggrieved party may move an application to recall the dismissal order.

Issues considered

  • What is the appropriate disposition of a petition under Article 227 when the trial court proceedings from which it arose have been concluded?

Subjects

  • Article 227
  • infructuous petition
  • High Court of Allahabad
  • petition dismissed
  • recall of order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 MATTERS UNDER ARTICLE 227 No. - 4347 of 2015

                                    Rakesh Kumar Garg
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    Additional District Judge And 2 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)        : Anil Tiwari, Pankaj Govil, Punit Khare
                                    Counsel for Respondent(s)        : Dr. Hari Nath Tripathi, Durga Tiwari

                                    Court No. - 35
                                            HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

                                    Present petition has been listed under the heading 'cases likely to be
                                    infructuous'.

                                    Office report dated 14.7.2026 indicates that the proceedings before the
                                    trial Court out of which present petition has arisen have been concluded
                                    and in view thereof, the petition has become infructuous.

                                    Petition is, accordingly, dismissed.

                                    It is, however, observed that in the event any cause of action still survives,
                                    it shall be open to the party concerned to move an appropriate application
                                    seeking recall of this order.

                                    Sri Alok Tripathi, holding brief of Dr H N Tripathi, learned counsel
                                    appearing for respondent no.3 is present.



                                                                           (Dr. Yogendra Kumar Srivastava,J.)
                                    September 18, 2026
                                    RKK/-




Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad


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