Allahabad High Court
JITENDRA PRATAP SINGH AND 12 OTHERSversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY, SECONDARY EDUCATION, AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioners filed Writ‑A No. 13843 of 2021 in the Allahabad High Court but failed to appear for the hearing. The case was listed under writs likely to have become infructuous, and a notice required counsel to indicate if the cause of action still survived. Neither the petitioners’ counsel appeared nor was any indication given that the cause of action persisted. The court observed that the petition had been pending since 2021 and inferred that the petitioners had lost interest or the petition had become infructuous. Consequently, the court dismissed the writ petition as infructuous.
Issues considered
- Whether the writ petition should be dismissed as infructuous due to non‑appearance of the petitioners’ counsel and lack of indication that the cause of action survives.
Subjects
- writ petition
- infructuous
- non‑appearance
- procedural law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13843 of 2021
Jitendra Pratap Singh And 12 Others
.....Petitioner(s)
Versus
State Of U.P. Through Principal Secretary,
Secondary Education, And 5 Others .....Respondent(s)
Counsel for Petitioner(s) : Abhishek Shekhar Ojha, Anurag
Kumar Ojha, Parmatma Nand Ojha
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 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.
(Mrs. Manju Rani Chauhan,J.)
September 11, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
Checking your session…