Allahabad High Court
SMT. SHYAM DULARIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
Smt. Shyam Dulari filed a writ petition (Writ‑A No. 1235 of 2019) in the Allahabad High Court against the State of U.P. and three others. The petition was listed as likely to become infructuous due to the passage of time. The court issued a notice that old cases pending up to 2022 would be dismissed if the parties did not appear or indicate that the cause of action still survived. Neither the petitioner’s counsel appeared nor was the petition marked to show a surviving cause of action. Observing that the petition had been pending since 2019 and that the petitioner appeared to have lost interest, the court dismissed the writ petition as infructuous.
Issues considered
- Whether a writ petition pending for several years without the petitioner’s appearance should be dismissed as infructuous
Subjects
- writ petition
- infructuous
- non‑appearance
- delay
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 1235 of 2019
Smt. Shyam Dulari
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Singh
Counsel for Respondent(s) : 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 11, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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