Allahabad High Court
DURGA SINGH AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition that remains unattended and shows no surviving cause of action may be dismissed as infructuous.
Summary
The writ petition filed by Durga Singh and others in 2018 remained pending without any appearance by the petitioners. The High Court had issued a notice directing that old cases up to 2022 be taken up and that non‑appearance could lead to dismissal as infructuous. The petitioners neither appeared nor marked the case to show that a cause of action still existed. Consequently, the Court held that the petition had become infructuous and dismissed it, while noting that the petitioners could file a recall or restoration application if a cause of action still survived.
Issues considered
- Whether a writ petition may be dismissed as infructuous due to non‑appearance of the petitioners and lack of indication that the cause of action survives
Subjects
- writ petition
- infructuous
- non‑appearance
- court procedure
- cause of action
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 25505 of 2018
Durga Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajit Kumar Singh Chauhan, Birendra
Pratap Singh
Counsel for Respondent(s) : Akhilesh Chandra Srivastava, 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 2018. 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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