Allahabad High Court
KANEEZ TAHIRA RIZVIversusSTATE OF U.P.THROUGH PRIN SECY REVENUE AND 3 ORS
- Decided
- Disposal
- Allowed/Partly Allowed on merits/Granted
Holding
The writ petition is dismissed as it has become infructuous due to inaction and lapse of time.
Summary
The petitioner, Kaneez Tahira Rizvi, filed a writ petition (Writ A No. 3002 of 2005) before the Allahabad High Court, Lucknow Bench, challenging actions of the State of U.P. Through Principal Secretary Revenue and others. No counsel appeared on behalf of the petitioner, and the matter had been pending since 2005. The court observed that the petitioner had lost interest in pursuing the case and, due to the passage of time, the petition had become infructuous. Consequently, the writ petition was dismissed and any interim orders were vacated. The court, however, allowed the petitioner the option to file a recall application if the cause of action still existed.
Issues considered
- Whether a writ petition pending for an extended period without active pursuit becomes infructuous and liable to dismissal
Subjects
- writ petition
- infructuous
- delay
- procedural law
- high court
Judgment
Neutral Citation No. - 2025:AHC-LKO:20335
Court No. - 28
Case :- WRIT - A No. - 3002 of 2005
Petitioner :- Kaneez Tahira Rizvi
Respondent :- State Of U.P.Through Prin Secy Revenue And 3 Ors
Counsel for Petitioner :- M.A.Siddiqui
Counsel for Respondent :- C.S.C.
Hon'ble Brij Raj Singh, J.
1. Case called out in revised list.
2. No one has put in appearance on behalf of the petitioner to
press this writ petition. However, learned Standing Counsel is
present.
3. The matter pertains to the year 2005 and since then it has
remained pending. It appears that petitioner has lost his interest
to pursue his case. Apart from it, by efflux of time, writ petition
has become infructuous.
4. Writ petition is accordingly dismissed as having become
infructuous. Interim order, if any, stands vacated.
5. However, it is open for the petitioner move a recall
application if the cause still survives.
.
(Brij Raj Singh, J.)
Order Date :- 10.4.2025
Rao/-
Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench
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