Allahabad High Court
RAKESH KUMAR GARGversusADDITIONAL DISTRICT JUDGE AND 2 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
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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