Allahabad High Court
RAM SWAROOPversusSTATE OF U.P. THRU SECY. AND 6 OTHERS
- Decided
- Disposal
- Dismiss
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The writ petition filed by Ram Swaroop in 2014 remained pending for over a decade. The court issued a notice that all old cases up to 2022 would 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 existed. The court observed that the petitioner appeared to have lost interest or that the cause of action 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 survives.
Issues considered
- Whether the writ petition should be dismissed as infructuous due to non‑appearance and lack of indication that the cause of action survives?
Subjects
- writ petition
- infructuous dismissal
- non‑appearance
- pending case
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 40284 of 2014
Ram Swaroop
.....Petitioner(s)
Versus
State Of U.P. Thru Secy. And 6 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.
(Mrs. Manju Rani Chauhan,J.)
September 15, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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