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Allahabad High Court

C/M KARAN AGRICULTURE JUNIOR HIGH SCHOOL KARANPUR RAMPURversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petition filed by C/M Karan Agriculture Junior High School in 2017 sought relief against the State of U.P. and others. The case was listed among the oldest pending matters and a notice was issued that old cases up to 2022 would be heard and dismissed as infructuous if the parties did not appear or indicate that the cause of action survived. Neither the petitioner's counsel appeared nor was any indication made that the cause of action remained viable. The court observed that the petition appeared abandoned and, under the notice, dismissed the writ petition as infructuous, while allowing the petitioner the liberty to file a recall or restoration application if a cause of action still existed.

Issues considered

  • Whether a writ petition pending for several years and unattended by the petitioner can be dismissed as infructuous under the court's notice.

Subjects

  • infructuous
  • writ petition
  • non-appearance
  • case management
  • cause of action

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 12466 of 2017


                                    C/M Karan Agriculture Junior High School
                                    Karanpur Rampur                                               .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 5 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Ravindra Pal Singh Kashyap, Ravindra
                                                                      Singh, Vivek Kumar Mishra
                                    Counsel for Respondent(s)       : C.S.C., Vijai Kumar Srivastava

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

                                    Case is called out. None appears for the petitioner(s). Learned Standing
                                    Counsel for the State is present.

                                    Record goes to show that the case is listed in the category of oldest
                                    pending cases in the cause list, for priority hearing.

                                    A notice has been placed on the notice board specifically, 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.

                                    This matter is pending since the year 2017. 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.

                                    Needless to say that the petitioner(s) shall be at liberty to file
                                    recall/restoration application in case any cause of action still survives.


                                                                                (Mrs. Manju Rani Chauhan,J.)
                                    May 5, 2026
                                    Jitendra/-




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


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