Allahabad High Court
ANAND SHANKAR PATHAKversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
The writ petition is dismissed as infructuous due to staleness of the cause of action, and the interim order is vacated.
Summary
Anand Shankar Pathak filed a public interest litigation (PIL) seeking relief against the State of Uttar Pradesh and four other respondents. No counsel appeared on behalf of the petitioner and no adjournment was sought. The court observed that the cause of action had become stale due to the passage of time, rendering the writ petition infructuous. Consequently, the writ petition was dismissed and any interim order previously granted was vacated. The decision underscores the requirement of timely prosecution of PILs.
Issues considered
- Whether the writ petition is maintainable despite the lapse of time making the cause of action stale
- Whether the interim order, if any, should continue or be vacated
Subjects
- public interest litigation
- writ petition
- stale cause of action
- dismissal
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 12281 of 2014
Anand Shankar Pathak
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Swapnil Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. The matter was taken up in the revised list. However, none appeared on
behalf of the petitioner to press the petition, nor has any adjournment slip
been moved. Learned counsel for the respondents is present.
2. It appears that the cause of action has become stale and the writ petition
has been rendered infructuous by efflux of time.
3. Accordingly, the writ petition is dismissed as infructuous. Interim
order, if any, stands vacated.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 23, 2026
Sumit S
Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad
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