Allahabad High Court
SARITA SHUKLA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioners filed Writ‑A No. 10071 of 2020 in the Allahabad High Court seeking relief against the State of U.P. and another respondent. No counsel appeared on the scheduled date and the petition was not marked to indicate that the cause of action still survived. The court, noting a notice that old cases up to 2022 would be dismissed as infructuous if no appearance was made, held that the petitioners had either lost interest or the cause of action had become dead. Consequently, the court dismissed the writ petition as infructuous. The order was pronounced by Hon’ble Mrs. Manju Rani Chauhan, J. on 9 September 2026.
Issues considered
- Whether a writ petition pending since 2020 can be dismissed as infructuous due to non‑appearance of counsel and apparent lapse of cause of action.
Subjects
- writ petition
- infructuous
- non‑appearance
- procedural dismissal
- cause of action lapse
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 10071 of 2020
Sarita Shukla And 2 Others
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Agnihotri Kumar Tripathi, Taniya
Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Case is called out. None appear for the petitioners to press this petition.
It is listed in the category of "writs likely to have become infructuous (Efflux
of time)".
A notice is also placed in the cause list mentioning that "old cases up to the
year 2022 shall be taken up in the first round itself. In case of non-
appearance, matters shall be dismissed as infructuous or otherwise, and in
the cases, where the cause of action still survives, the concerned advocates
are expected to mark them accordingly in the cause list. Failures to do so,
may result in its dismissal as infructuous" but, neither the counsel for the
petitioners has appeared nor the case has been marked to indicate that the
cause of action still survives.
The matter is pending since the year 2020. It appears that either the
petitioners have lost interest in pursuing the matter or it has become
infructuous.
Accordingly, the writ petition is dismissed as infructuous
(Mrs. Manju Rani Chauhan,J.)
September 9, 2026
Junaid
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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