Allahabad High Court
GANGA SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
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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