Allahabad High Court
RAKESH KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition that remains unattended and is not marked as surviving can be dismissed as infructuous.
Summary
The petitioner, Rakesh Kumar, filed a writ petition in 2018 which remained pending for several years. The High Court had issued a notice directing that old cases up to 2022 be heard promptly and that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to show that the cause of action survived. The court observed that the petition appeared abandoned and, consistent with its notice, dismissed the writ as infructuous. The judgment further allowed the petitioner the liberty to file a recall or restoration application if a viable cause of action still exists.
Issues considered
- Whether a writ petition pending for several years and unattended by the petitioner can be dismissed as infructuous under the court’s case‑management notice.
Subjects
- writ petition
- infructuous
- non‑appearance
- case management
- old pending cases
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 24623 of 2018
Rakesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amitabh Patel
Counsel for Respondent(s) : C.S.C., Dhananjay Awasthi, Harsh
Vardhan Gupta
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 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 petitioner(s) has appeared nor has the case been
marked to indicate that the cause of action still survives.
This matter is pending since the year 2018. 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.
(Mrs. Manju Rani Chauhan,J.)
May 5, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
Checking your session…