Allahabad High Court
SMT. RADHIKA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
Petitioner Smt. Radhika Devi filed Writ Petition No. 11423 of 2021 before the Allahabad High Court challenging actions of the State of U.P. and three others. The petition remained unattended as the petitioner’s counsel did not appear for the hearing. The case was listed under writs likely to have become infructuous due to the passage of time. The court issued a notice that old cases up to 2022 would be dismissed if no cause of action survived and counsel failed to mark the same. Since there was no appearance and no 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 filed in 2021 is infructuous due to non-appearance and lapse of time
Subjects
- writ petition
- infructuous
- non-appearance
- procedural dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 11423 of 2021
Smt. Radhika Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Singh
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 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
petitioner has appeared nor the case has been marked to indicate that the
cause of action still survives.
The matter is pending since the year 2021. It appears that either the
petitioner has 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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