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Allahabad High Court

SEEMA DEVIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner, Seema Devi, filed Writ‑A No. 2093 of 2021 before the Allahabad High Court. The matter was listed as a writ likely to have become infructuous and a notice was issued that old cases up to 2022 would be dismissed if the parties did not appear or indicate that the cause of action still survived. Neither the petitioner’s counsel appeared nor was the case marked to show 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 court dismissed the writ petition as infructuous.

Issues considered

  • Whether the writ petition should be dismissed as infructuous due to non‑appearance of the petitioner’s counsel and lack of indication that the cause of action survives.

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - A No. - 2093 of 2021

                                    Seema Devi
                                                                                            .....Petitioner(s)
                                                                     Versus

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

                                    Counsel for Petitioner(s)     : Aarushi Khare
                                    Counsel for Respondent(s)     : C.S.C., Durga Singh, Ram Bilas 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 2021. 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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