Allahabad High Court
HIRA LALversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The petition is dismissed as infructuous because the petitioner failed to appear and did not indicate that the cause of action survives.
Summary
The petitioner, Hira Lal, filed Writ‑A No. 11288 of 2020 before the Allahabad High Court seeking relief against the State of U.P. and others. The matter was listed for hearing but the petitioner’s counsel did not appear, nor was the case marked to show that the cause of action still survived. The court noted that the petition fell under the category of writs likely to have become infructuous due to the passage of time. A notice had been issued that old cases up to 2022 would be dismissed if no appearance was made. Relying on the non‑appearance and the absence of any indication that the cause of action persisted, the court held the petition to be infructuous. Consequently, the writ petition was dismissed.
Issues considered
- Whether the writ petition is infructuous due to the petitioner's failure to appear and the passage of time
Subjects
- writ petition
- infructuous
- non-appearance
- procedural dismissal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 11288 of 2020
Hira Lal
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girja Shanker Mishra, Pratiksha Rai
Counsel for Respondent(s) : Ashok Kumar Yadav, 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 2020. 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 30, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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