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Allahabad High Court

SHASHI KANTversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner, Shashi Kant, filed a writ petition (Writ‑A No. 19943 of 2019) against the State of Uttar Pradesh and three others. The petition was listed as likely to become infructuous due to the passage of time. No counsel for the petitioner appeared before the court, nor was the petition marked to indicate that the cause of action still survived. The court noted a notice directing that old cases up to 2022 be dealt with promptly and that non‑appearance could lead to dismissal. Concluding that the petitioner had either lost interest or that the cause of action was no longer viable, the court dismissed the writ petition as infructuous. The dismissal was entered on September 11, 2026.

Issues considered

  • Whether the writ petition should be dismissed as infructuous due to the petitioner's non‑appearance and the lapse of time

Subjects

  • writ petition
  • infructuous
  • non-appearance
  • procedural dismissal
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - A No. - 19943 of 2019

                                    Shashi Kant
                                                                                            .....Petitioner(s)
                                                                     Versus

                                    State Of U.P. And 3 Others
                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)        :   Shashi Kumar Mishra
                                    Counsel for Respondent(s)        :   C.S.C., Sanjay Kumar Srivastava

                                    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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