Allahabad High Court
MOHD. MOBEEN HASAN AND 20 OTHERSversusSTATE OF U.P. AND 4 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 petitioners filed a writ petition in 2019 but failed to appear before the court. The court had issued a notice that old cases up to 2022 would be dismissed as infructuous if the parties did not appear or indicate that the cause of action still survived. Neither the petitioner’s counsel appeared nor was any indication made that the cause of action persisted. The court observed that the petition had been pending since 2019 and inferred that the petitioners had lost interest or the petition had become infructuous. Consequently, the court dismissed the writ petition as infructuous.
Issues considered
- What is the appropriate disposition of a writ petition when the petitioner fails to appear and does not indicate that the cause of action survives?
Subjects
- writ petition
- infructuous
- non‑appearance
- procedural dismissal
- cause of action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 18094 of 2019
Mohd. Mobeen Hasan And 20 Others
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhagwan Dutt Pandey
Counsel for Respondent(s) : Arjun Prasad Yadav, C.S.C., Prem
Prakash Yadav
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Case is called out. None appears for the petitioner(s) to press this
petition.
It is listed in the category of "writs likely to have become infructuous
(Efflux of Time)".
A notice is also placed in the cause list 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.
The matter is pending since the year 2019. 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.
(Mrs. Manju Rani Chauhan,J.)
September 11, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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