Created by Fuzzy Cloud

Allahabad High Court

ISHWARI PRASADversusSTATE OF U.P. AND 6 ORS.

Decided

Holding

A writ petition that remains unattended and is not marked to show a surviving cause of action may be dismissed as infructuous.

Summary

The petitioner, Ishwari Prasad, filed a writ petition in 2016 before the Allahabad High Court seeking relief against the State of Uttar Pradesh and six other respondents. The case was listed as an old pending matter and a notice was issued that all cases pending up to 2022 must be taken up in the first round, with non‑appearance leading to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the petition marked to indicate that a cause of action still survived. The Court observed that the petition had been pending for several years and inferred that the petitioner had either lost interest or the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous, with the Court noting that the petitioner could file a recall or restoration application if a cause of action still existed.

Issues considered

  • Whether a writ petition pending for several years and unattended by the petitioner’s counsel can be dismissed as infructuous under the court’s case‑management directions.

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • case management
  • old pending cases
  • Allahabad High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 41915 of 2016

                                    Ishwari Prasad
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    State Of U.P. And 6 Ors.
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Dr. Akhilesh Kumar, Pradeep Verma,
                                                                        R.B. Singh, Ram Pyare, Sanjeev Singh
                                    Counsel for Respondent(s)         : C.S.C., Hridai Narain Pandey, Sharad
                                                                        Kumar Srivastava, Siddharth Khare, Som
                                                                        Veer

                                    Court No. - 52
                                                 HON'BLE MRS. MANJU RANI CHAUHAN, J.

                                    Case is called out. None appears for the parties.

                                    The case is listed in the category of oldest pending cases in the cause list, for
                                    priority hearing.

                                    A notice has been placed on the notice board specifically, 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 has appeared nor has the case been marked to
                                    indicate that the cause of action still survives.

                                    Record shows that the matter is pending since the year 2016. It appears that
                                    either the petitioner has 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 shall be at liberty to file recall/restoration
                                    application in case any cause of action still survives.

                                    March 18, 2026
                                    Vinod.
                                                                                  (Mrs. Manju Rani Chauhan, J.)




Digitally signed by :-
VINOD KUMAR JAISWAL
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.