Allahabad High Court
EKRAMULLAH KHANversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioner, Ekramullah Khan, filed a writ petition in the Allahabad High Court in 2020. No counsel appeared for the petitioner on the scheduled date, and the case was listed as potentially infructuous due to the passage of time. The court noted a notice requiring parties to indicate if the cause of action still survived, which the petitioner failed to do. Consequently, the court inferred that the petitioner had lost interest or the petition had become moot. The court therefore dismissed the writ petition as infructuous.
Issues considered
- Whether the writ petition should be dismissed as infructuous due to non-appearance of the petitioner’s counsel and lack of indication that the cause of action survives.
Subjects
- writ petition
- infructuous
- non-appearance
- procedural law
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13221 of 2020
Ekramullah Khan
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Azad Khan, Matiur Rehman Khan
Counsel for Respondent(s) : C.S.C., Shyam Krishna Gupta
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 11, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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