Created by Fuzzy Cloud

Allahabad High Court

PREM SINGHversusSTATE OF U.P. THRU SECY. AND 7 OTHERS

Decided

Holding

The petition is dismissed as infructuous because the petitioner failed to appear and did not demonstrate that the cause of action persists.

Summary

The writ petition (Writ‑A No. 39496 of 2014) was filed by Prem Singh against the State of Uttar Pradesh and others. The matter had been pending since 2014 and was listed as an oldest pending case for priority hearing. No counsel appeared for the petitioner and the case was not marked to indicate that the cause of action still survived. The court noted a notice directing that old cases up to 2022 would be dismissed as infructuous if no appearance was made. Consequently, the court held that the petition was infructuous and dismissed it. The petitioner was informed that a recall or restoration application could be filed if a cause of action still exists.

Issues considered

  • Whether a writ petition can be dismissed as infructuous due to non‑appearance of the petitioner’s counsel and lack of indication that the cause of action survives.

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • case management
  • priority hearing

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 39496 of 2014

                                    Prem Singh
                                                                                                    .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. Thru Secy. And 7 Others
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)        : S.K. Upadhyay, Sanjeev Singh, V.K.
                                                                       Upadhyay
                                    Counsel for Respondent(s)        : Akhilesh Kr., Bheem Singh, C.S.C.,
                                                                       P.D.Tripathi, R.C. Singh

                                    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 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. A notice in this regard has also been affixed on
                                    the notice board.

                                    This matter is pending since the year 2014. 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.

                                    September 15, 2026
                                    Jitendra/-
                                                                                 (Mrs. Manju Rani Chauhan,J.)




Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.