Allahabad High Court
MAHESH LAL YADAV AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition can be dismissed as infructuous when the petitioner fails to appear and does not demonstrate that the cause of action persists.
Summary
The writ petition filed by Mahesh Lal Yadav and others in 2019 remained pending for several years. The High Court issued a notice directing that old cases up to 2022 be taken up and warned that non‑appearance could lead to dismissal as infructuous. The petitioners' counsel neither appeared nor marked the case to show that a cause of action still existed. The Court inferred that the petitioners had 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 survives.
Issues considered
- Whether a writ petition may be dismissed as infructuous due to the petitioner's non‑appearance and failure to indicate that the cause of action survives
Subjects
- infructuous petition
- non‑appearance
- writ petition
- court procedure
- case management
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 18227 of 2019
Mahesh Lal Yadav And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Varun, Radha Kant Ojha (Senior
Adv), Shivendu Ojha
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Case is called out. None appears for the parties.
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 petitioners has appeared nor has the case been marked to
indicate that the cause of action still survives.
Record shows that the matter is pending since the year 2019. It appears that
either the petitioners has lost interest in pursuing the matter or it has become
infructuous.
Accordingly, the writ petition is dismissed as infructuous.
Needless to say that the petitioners shall be at liberty to file recall/restoration
application in case any cause of action still survives.
March 18, 2026
Vinod.
(Mrs. Manju Rani Chauhan, J.)
Digitally signed by :-
VINOD KUMAR JAISWAL
High Court of Judicature at Allahabad
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