Allahabad High Court
MADHU OMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioner filed a writ petition (Writ‑A No. 32262 of 2015) in the Allahabad High Court seeking relief against the State of U.P. and two others. The case remained pending for several years without any appearance by the petitioner’s counsel. The court listed the matter as likely to have become infructuous due to the passage of time and issued a notice requiring the parties to indicate whether the cause of action still survived. Neither the petitioner’s counsel appeared nor was any indication given that the cause of action persisted. Consequently, the court held that the petition had become infructuous and dismissed it.
Issues considered
- Whether the writ petition filed in 2015 remains maintainable despite the lapse of time and non‑appearance of the petitioner.
Subjects
- writ petition
- infructuous
- lapse of time
- non‑appearance
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 32262 of 2015
Madhu Omar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Sharma, Amit Kumar
Singh, Vikas Budhwar, Vishnu Behari
Tiwari
Counsel for Respondent(s) : Ashok Kumar Singh, C.S.C.
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 2015. 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
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