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Allahabad High Court

C/M GAYADAS PARAMHANS VIDHYAPEETH SAPTRISHI DHAM AKATAHI (DOLESWAR) NANURA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The writ petition (Writ‑A No. 2051 of 2019) was filed by Gayadas Paramhans Vidhyapeeth and others against the State of U.P. and others. The case remained pending since 2019 and was listed as an old case for priority hearing. The court issued a notice that old cases up to 2022 must be taken up and, if the cause of action no longer survives or the parties do not appear, the matter would be dismissed as infructuous. Neither the petitioner’s counsel appeared nor was the petition marked to show that the cause of action still survived. Consequently, the court held that the petition had become infructuous and dismissed it, while allowing the petitioner to file a recall or restoration application if a cause of action still exists.

Issues considered

  • Whether a writ petition pending for several years can be dismissed as infructuous due to non‑appearance of the petitioner and lack of indication that the cause of action survives

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • pending case
  • procedural dismissal
  • cause of action

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 2051 of 2019

                                    C/M Gayadas Paramhans Vidhyapeeth Saptrishi
                                    Dham Akatahi (Doleswar) Nanura And Another                      .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 5 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)        : Rishi Kant Singh Chauhan
                                    Counsel for Respondent(s)        : C.S.C., Om Prakash Yadav, Prabhakar
                                                                       Awasthi, Sanjay Chaturvedi

                                    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 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. A notice in this regard has also been affixed on
                                    the notice board.

                                    This 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.

                                    Needless to say that the petitioner(s) shall be at liberty to file
                                    recall/restoration application in case any cause of action still survives.

                                    September 15, 2026
                                    Jitendra/-
                                                                                 (Mrs. Manju Rani Chauhan,J.)




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


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