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Allahabad High Court

RADHESHYAM MISHRAversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is dismissed as infructuous.

Summary

The petition (Writ‑A No. 17324 of 2021) was filed by Radheshyam Mishra against the State of U.P. and others. The case had been listed as an old pending matter and a specific notice required parties to appear or mark the cause of action as surviving, failing which the matter would be dismissed as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to indicate a surviving cause of action. The court observed that the petition had been pending since 2021 and inferred that the petitioner had lost interest or the petition had become infructuous. Accordingly, the High Court dismissed the petition as infructuous.

Issues considered

  • Whether a petition can be dismissed as infructuous due to non‑appearance of counsel and lack of indication that the cause of action survives

Subjects

  • infructuous petition
  • non‑appearance
  • court procedure
  • old pending cases
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 17324 of 2021

                                    Radheshyam Mishra
                                                                                                 .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Anil Kumar Yadav, Harish Kumar
                                                                      Shukla, Vikrant Pandey
                                    Counsel for Respondent(s)       : Awadhesh Kumar, C.S.C.

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    1. Case is called out. None appears on behalf of the parties.

                                    2. Learned Standing Counsel for the State is present.

                                    3. Record goes to show that the case is listed in the category of oldest
                                    pending cases in the cause list, for priority hearing.

                                    4. A notice has been placed in the cause list 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 has appeared nor has the case been
                                    marked to indicate that the cause of action still survives.

                                    5. This matter is pending since 2021. It appears that either the petitioner
                                    has lost interest in pursuing the matter or it has become infructuous.

                                    6. Accordingly, the instant petition is dismissed as infructuous.



                                                                                (Mrs. Manju Rani Chauhan,J.)
                                    September 29, 2026
                                    K.N.




Digitally signed by :-
KALP NATH SINGH
High Court of Judicature at Allahabad


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