Allahabad High Court
JAI SHANKAR RAIversusSTATE OF U.P. THROUGH SECRETARY, BASIC EDUCATION AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
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
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