Created by Fuzzy Cloud

Allahabad High Court

JAI SHANKAR RAIversusSTATE OF U.P. THROUGH SECRETARY, BASIC EDUCATION AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous due to non‑appearance and the apparent lapse of the cause of action.

Summary

The petitioner, Jai Shankar Rai, filed a writ petition (Writ‑A No. 13456 of 2021) before the Allahabad High Court. No counsel appeared for the petitioner and the case was not marked to indicate that the cause of action still survived. The court had issued a notice directing that old cases up to 2022 be taken up and dismissed as infructuous if the parties failed to appear. Since the petitioner did not appear and the cause of action appeared to have lapsed, the court held the petition to be infructuous. Consequently, the writ petition was dismissed, with a liberty to file a recall or restoration application if any cause of action remains. The decision was delivered by Justice Manju Rani Chauhan on 5 May 2026.

Issues considered

  • Whether a writ petition pending for a long period and without the petitioner's appearance can be dismissed as infructuous.

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • case management
  • procedural dismissal

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 13456 of 2021

                                    Jai Shankar Rai
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. Through Secretary, Basic Education
                                    And 3 Others                                               .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Yogesh Kumar Saxena
                                    Counsel for Respondent(s)            :   C.S.C., Manoj Kumar Maurya

                                    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 2021. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.