Allahabad High Court
AZHAR UDDINversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
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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