Allahabad High Court
VINITAversusSTATE OF U.P. AND 3 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 petitioner Vinita filed a writ petition in 2021 which remained pending without any appearance by her counsel. The High Court had issued a notice directing that old cases up to 2022 be heard promptly and that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to show that the cause of action survived. The court observed that the petitioner appeared to have lost interest or that the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous, with liberty to file a recall or restoration application if any cause of action still exists.
Issues considered
- Whether a writ petition pending for a long period and without appearance of the petitioner can be dismissed as infructuous?
Subjects
- writ petition
- infructuous dismissal
- non‑appearance
- case management
- old pending cases
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15286 of 2021
Vinita
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : I.P. Singh, Navin Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Navin Kumar Srivastava,
Shivam Yadav
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
Checking your session…