Allahabad High Court
KESHAV SINGHversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Disposal
- Dismiss
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The writ petition filed by Keshav 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. Since the petitioner’s counsel neither appeared nor marked the case, the court inferred a loss of interest or that the cause of action had become infructuous. Consequently, the court dismissed the writ petition as infructuous, while allowing the petitioner the liberty to file a recall or restoration application if any 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 failure to indicate the survival of the cause of action.
Subjects
- writ petition
- non-appearance
- infructuous
- case management
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 41333 of 2014
Keshav Singh
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : S.K. Upadhyay, Sanjeev Singh, 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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