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Allahabad High Court

AZHAR UDDINversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY AND 2 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous due to non‑appearance and lack of indication that the cause of action survives.

Summary

The writ petition filed by Azhar Uddin in 2021 remained pending and was listed among the oldest cases for priority hearing. The court issued a notice directing that old cases up to 2022 be taken up and warned that non‑appearance would lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to show that the cause of action still survived. Consequently, the court held that the petition had become infructuous and dismissed it, while allowing the petitioner to file a recall or restoration application if a cause of action still exists.

Issues considered

  • Whether a writ petition pending for an extended period and unattended by the petitioner can be dismissed as infructuous

Subjects

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

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 14134 of 2021

                                    Azhar Uddin
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. Through Principal Secretary And 2
                                    Others                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)       : Puneet Bhadauria
                                    Counsel for Respondent(s)       : Kaushlesh Pratap Singh, C.S.C., Shashi
                                                                      Kant Verma

                                    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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