Allahabad High Court
CHHOTU SINGH YADAVversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition may be dismissed as infructuous when the petitioner fails to appear and does not indicate that the cause of action persists.
Summary
The writ petition filed by Chhotu Singh Yadav remained pending since 2021. The High Court had issued a notice directing that old cases up to 2022 be heard and that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to show that the cause of action still survived. The court 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 remains.
Issues considered
- Whether a writ petition can be dismissed as infructuous due to non‑appearance of counsel and lack of indication that the cause of action survives
Subjects
- infructuous
- writ petition
- non-appearance
- case management
- old pending cases
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 3147 of 2021
Chhotu Singh Yadav
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dinesh Pathak, Ran Vijay Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Case is called out. None appears for the petitioner(s). Learned Standing
Counsel for the State is present.
Record goes to show that 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(s) has appeared nor has the case been
marked to indicate that the cause of action still survives.
This matter is pending since the year 2021. 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.
Needless to say that the petitioner(s) shall be at liberty to file
recall/restoration application in case any cause of action still survives.
(Mrs. Manju Rani Chauhan,J.)
May 5, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
Checking your session…