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Allahabad High Court

UDAY PRATAP SINGHversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The writ petition was dismissed as infructuous due to the petitioner’s failure to appear.

Summary

The petitioner filed a writ petition under Article 227 (No. 4775 of 2023) before the Allahabad High Court. The petition was listed as likely to be infructuous. No representative of the petitioner appeared to argue that the cause of action still survived. Consequently, the Court dismissed the petition as infructuous. The Court clarified that if the cause of action still exists, the petitioner may file an appropriate application within the limitation period.

Issues considered

  • Whether the writ petition survives and can be entertained despite the petitioner’s non‑appearance

Subjects

  • Article 227
  • writ petition
  • infructuous
  • procedural dismissal
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                             MATTERS UNDER ARTICLE 227 No. - 4775 of 2023

                                    Uday Pratap Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 7 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Aditya Upadhyay
                                    Counsel for Respondent(s)                :   Anil Kumar Singh, C.S.C.

                                    Court No. - 32
                                                         HON'BLE DINESH PATHAK, J.

                                    1. Instant writ petition has been listed under the heading of "Likely to be
                                    Infructuous" cases.

                                    2. However, none has appeared on behalf of the petitioner to point out the
                                    survival of the instant writ petition. Therefore, the instant writ petition is
                                    dismissed as infructuous.

                                    3. It is clarified that if the cause of action still survives to maintain the
                                    instant writ petition, the petitioner shall be at liberty to move an appropriate
                                    application within limitation against the order of the date.

                                    September 9, 2026
                                    vinay
                                                                                               (Dinesh Pathak,J.)




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

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