Allahabad High Court
JAIVEER KUMARversusSTATE OF U.P. AND OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petition filed by Jaiveer Kumar in 2011 before the Allahabad High Court remained unattended as neither the petitioner’s counsel appeared nor was the case marked to show that the cause of action survived. The court noted that the matter was listed among writs likely to have become infructuous due to the efflux of time. A notice had warned that old cases up to 2022 would be dismissed if no appearance was made. Given the petitioner’s apparent loss of interest and the passage of time, the court held that the petition was infructuous. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ petition pending for a long period without appearance can be dismissed as infructuous.
Subjects
- writ petition
- infructuous
- lapse of time
- non-appearance
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 29798 of 2011
Jaiveer Kumar
.....Petitioner(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Petitioner(s) : A.K. Dubey, Surya Bhan Singh
Counsel for Respondent(s) : C.S.C., K.K. 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 2011. 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 8, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
Checking your session…