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Allahabad High Court

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

Decided
Disposal
Dismiss

Holding

The writ petition is dismissed as infructuous due to non‑appearance and lack of indication that the cause of action survives.

Summary

The writ petition filed by Arvind Singh in 2014 remained pending for several years without any appearance by the petitioner’s counsel. The High Court noted that the case was listed among the oldest pending matters and a notice had been issued requiring parties to indicate whether the cause of action still survived, failing which the matter would be dismissed as infructuous. Neither the petitioner’s counsel appeared nor was the petition marked to show a surviving cause of action. Consequently, the Court held that the petition had become infructuous and dismissed it. The Court, however, allowed the petitioner the liberty to file a recall or restoration application if a cause of action still exists. The judgment was delivered on 15 September 2026 by Justice Manju Rani Chauhan.

Issues considered

  • What is the appropriate consequence when a petitioner fails to appear and does not indicate that the cause of action survives in a pending writ petition?

Subjects

  • writ petition
  • non‑appearance
  • infructuous dismissal
  • case management
  • procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 40282 of 2014

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

                                    Counsel for Petitioner(s)             :   S.K. Upadhyay, V.K. Upadhyay
                                    Counsel for Respondent(s)             :   C.S.C., 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


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