Allahabad High Court
JAGATVIRversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The petition is dismissed as infructuous because the trial court proceedings have been concluded.
Summary
The petitioners, Jagatvir, filed a petition under Article 227 of the Constitution challenging the proceedings of a trial court. The petition was listed as likely to be infructuous. An office report dated 05‑09‑2026 indicated that the trial court proceedings from which the petition arose had been concluded. Accordingly, the High Court held that the petition had become infructuous and could not be entertained. The Court dismissed the petition, noting that any surviving cause of action could be pursued through a fresh application for recall of the order. The judgment was delivered on 29‑September‑2026 by Justice Yogendra Kumar Srivastava.
Issues considered
- Whether a petition filed under Article 227 remains maintainable after the trial court proceedings it challenges have been concluded
Subjects
- Article 227
- infructuous petition
- High Court of Allahabad
- procedural dismissal
- trial court concluded
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 5311 of 2016
Jagatvir
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rama Shankar Mishra
Counsel for Respondent(s) : G.A., Pradeep Kumar Bhardwaj
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 05.09.2026 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.
The 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.
(Dr. Yogendra Kumar Srivastava,J.)
September 29, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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