Allahabad High Court
ISHWARI PRASADversusSTATE OF U.P. AND 6 ORS.
- Decided
- Bench
- MANJU RANI CHAUHAN
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
Checking your session…