Allahabad High Court

ISRAR AHMADversusSTATE OF U.P.THROUGH SECY EDUCATION AND 2 ORS

Decided: 30 April 2026
Disposal: Disposed off/Decided on merits
Bench: VIKAS BUDHWAR

Holding

The writ petition is dismissed as infructuous because the petitioner failed to appear and the matter has become stale.

Summary

Israr Ahmad filed Writ A No. 3937 of 2003 before the Allahabad High Court, Lucknow Bench, seeking relief against the State of U.P. However, no counsel appeared on behalf of the petitioner. The court observed that the petitioner seemed uninterested in pursuing the matter and that the petition had become stale due to the passage of time. Consequently, the court held that the writ petition was infructuous. The interim order, if any, was vacated. The court indicated that if the petitioner appears within a reasonable time, the matter may be recalled for consideration on merits.

Issues considered

Whether a writ petition may be dismissed as infructuous due to the petitioner's non‑appearance and lapse of time?

Subjects

writ petition
non‑appearance
infructuous
lapse of time
dismissal

Judgment

                                     Court No. - 5

                                     Case :- WRIT - A No. - 3937 of 2003

                                     Petitioner :- Israr Ahmad
                                     Respondent :- State Of U.P.Through Secy Education And 2 Ors
                                     Counsel for Petitioner :- Sanjay Misra,Mohd.Nafees
                                     Counsel for Respondent :- C.S.C.,P.K. Jaiswal,Waseequddin Ahmad

                                     Hon'ble Shekhar Kumar Yadav,J.

                                     Case called out. No one has appeared on behalf of the
                                     petitioner.

                                     It seems that the petitioner is not interested in pursuing the
                                     matter. The matter is quite old.The matter appears to have
                                     become infructous by efflux of time.

                                     The writ petition is accordingly dismissed as infructuous.

                                     Interim order, if any, stands vacated.

                                     It is however, made clear that if the petitioner appears before
                                     the Court within a reasonable time to get the matter recalled to
                                     be considered on merits, his prayer would be considered
                                     favourably.

                                     Order Date :- 19.9.2022
                                     A.




Digitally signed by AFAQ AHMAD
Date: 2022.09.19 14:49:27 IST
Reason:
Location: High Court of Judicature
at Allahabad, Lucknow Bench

Continue reading with your account

Checking your session…