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Allahabad High Court

VINDHYACHAL YADAVversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner, Vindhyachal Yadav, filed a writ petition (Writ‑A No. 10551 of 2019) in the Allahabad High Court. The petition remained pending since 2019 and the petitioner’s counsel did not appear for the hearing. The case was listed as potentially infructuous under the court’s notice for old cases, requiring parties to indicate if the cause of action still survived. No indication was made and the petitioner’s counsel failed to appear. Consequently, the court held that the petition had become infructuous due to lapse of time and non‑appearance, and dismissed it.

Issues considered

  • Whether the writ petition is infructuous due to non‑appearance of the petitioner’s counsel and the lapse of time since filing.

Subjects

  • writ petition
  • infructuous
  • lapse of time
  • non‑appearance
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - A No. - 10551 of 2019

                                    Vindhyachal Yadav
                                                                                            .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 4 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)     : Ashok Khare, Sr. Advocate, Rakesh
                                                                    Kumar Singh
                                    Counsel for Respondent(s)     : Bhanu Pratap Singh, C.S.C.

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    Case is called out. None appears for the petitioner(s) 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, matter 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. Failure to do so, may result in its dismissal as
                                    infructuous" but, neither the counsel for the petitioner(s) has
                                    appeared nor has the case been marked to indicate that the cause of
                                    action still survives.
                                    The matter is pending since the year 2019. It appears that either the
                                    petitioner(s) has/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 8, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad


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