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Allahabad High Court

GANGA SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

A writ petition may be dismissed as infructuous when the petitioner fails to appear and does not indicate that the cause of action survives.

Summary

The writ petition filed by Ganga Singh against the State of U.P. and others remained pending since 2021. The High Court issued a notice directing that old cases up to 2022 be heard and dismissed if the parties failed to appear or indicate that the cause of action survived. Neither the petitioner’s counsel appeared nor was the case marked to show a surviving cause of action. The court inferred that the petitioner had lost interest or the petition had become infructuous. Consequently, the court dismissed the writ petition as infructuous, while allowing the petitioner the liberty 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 lacking the petitioner’s appearance can be dismissed as infructuous

Subjects

  • infructuous
  • writ petition
  • non-appearance
  • case management
  • cause of action

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 14457 of 2021

                                    Ganga Singh
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 3 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Hans Nath Pandey
                                    Counsel for Respondent(s)       : Bhupendra Kumar Yadav, C.S.C.,
                                                                      Kamal Kumar, Shruti Malviya,
                                                                      Siddharth Singhal

                                    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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