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Allahabad High Court

SMT.SOMWATIversusSTATE OF U.P. THRU SECY. AND 7 OTHERS

Decided
Disposal
Dismiss

Holding

A writ petition is dismissible as infructuous when the petitioner fails to appear and does not demonstrate that the cause of action survives.

Summary

The writ petition filed by Smt. Somwati in 2014 remained pending for over a decade. The petitioner failed to appear for the hearing and did not mark the case to indicate that the cause of action still survived, despite a notice directing parties to do so for old cases. The court noted that the case was listed among the oldest pending matters and that non‑appearance could lead to dismissal as infructuous. Considering the lack of any indication that the cause of action persisted, the court held the petition to be infructuous. Consequently, the writ petition was dismissed, though the petitioner was permitted to file a recall or restoration application if a cause of action still exists.

Issues considered

  • Whether a writ petition pending for an extended period and lacking the petitioner's appearance can be dismissed as infructuous

Subjects

  • writ petition
  • infructuous
  • non-appearance
  • old cases
  • civil procedure

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 40286 of 2014

                                    Smt.Somwati
                                                                                                  .....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.



                                                                                (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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