Allahabad High Court
RAJ KUMAR SHASHTRIversusD.I.O.S.FAIZABAD AND ANORS
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- MANJIVE SHUKLA
Holding
The writ petition was dismissed as having become infructuous.
Summary
Petitioner Raj Kumar Shashtri filed a writ petition in 2006 before the Allahabad High Court, Lucknow Bench. No counsel appeared on his behalf, though the Standing Counsel for the court was present. The petition remained pending for many years and the petitioner appeared to have lost interest in pursuing the matter. The court held that, due to the lapse of time, the writ petition had become infructuous. Consequently, the petition was dismissed and any interim orders were vacated.
Issues considered
- Whether a writ petition pending for an extended period without the petitioner's appearance becomes infructuous
- Whether the court can dismiss a writ petition on the ground of infructuity
Subjects
- writ petition
- infructuous
- delay
- procedural law
- High Court
Judgment
Neutral Citation No. - 2025:AHC-LKO:26841
Court No. - 28
Case :- WRIT - A No. - 3017 of 2006
Petitioner :- Raj Kumar Shashtri
Respondent :- D.I.O.S.Faizabad And Anors
Counsel for Petitioner :- Suraj Saxena,Ajay Pratap Singh,M E Khan
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 2006 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.
.
(Brij Raj Singh, J.)
Order Date :- 7.5.2025
Rao/-
Digitally signed by :-
CHEBROLU SRINIVASA RAO
High Court of Judicature at Allahabad,
Lucknow Bench
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