Allahabad High Court
MUKESH KUMAR SINGHversusSTATE OF U P AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
Mukesh Kumar Singh filed a writ petition (Writ‑A No. 4131 of 2021) against the State of Uttar Pradesh and three others. The petition was listed for hearing, but neither of the petitioner's counsel appeared, nor was the case marked to show that the cause of action still survived. The court, noting its notice that old cases up to 2022 would be dismissed as infructuous if not pursued, observed that the petition had been pending since 2021 and the petitioner appeared to have lost interest. Consequently, the court held that the petition had become infructuous. No substantive merits were examined, and the writ petition was dismissed. The order was pronounced by Justice Manju Rani Chauhan on 11 September 2026.
Issues considered
- Whether the writ petition should be dismissed as infructuous due to non‑appearance of the petitioner’s counsel and lapse of time
Subjects
- writ petition
- infructuous
- non-appearance
- procedural dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 4131 of 2021
Mukesh Kumar Singh
.....Petitioner(s)
Versus
State Of U P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ishwar Kumar Upadhyay, Kamlesh
Kumar Tiwari
Counsel for Respondent(s) : Bipin Bihari Pandey, C.S.C., Ras Bihari
Pradhan
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Case is called out. None appears for the petitioner(s) to press this
petition.
It is listed in the category of "writs likely to have become infructuous
(Efflux of Time)".
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.
The matter is pending since the year 2021. 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.
(Mrs. Manju Rani Chauhan,J.)
September 11, 2026
Rahul.
Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad
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