Allahabad High Court
RAJEEV KUMARversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous due to non‑appearance and lack of indication that the cause of action survives.
Summary
The petitioner filed a writ petition in 2018 before the Allahabad High Court. The case was listed as an old pending matter and a notice was issued that such cases would be heard and dismissed as infructuous if no appearance was made. Neither the petitioner’s counsel appeared nor was the case marked to indicate a surviving cause of action. The court observed that the petition had been pending since 2018 and inferred that the petitioner had lost interest or the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous, with liberty to file a recall or restoration application if any cause of action still exists.
Issues considered
- Whether a writ petition pending for several years without appearance can be dismissed as infructuous?
Subjects
- writ petition
- infructuous
- non-appearance
- court procedure
- case management
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 26883 of 2018
Rajeev Kumar
.....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) : C.S.C., Sanjay Kumar Singh
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 petitioner 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 petitioner 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 petitioner 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
Checking your session…