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Allahabad High Court

SMT. SHASHIversusSTATE OF U.P. AND 7 ORS

Decided
Disposal
Dismiss

Holding

A writ petition may be dismissed as infructuous when the petitioner fails to appear and does not indicate that the cause of action survives.

Summary

The writ petition filed by Smt. Shashi against the State of U.P. and others has been pending since 2014. The High Court issued a notice that old cases up to 2022 would be heard in the first round and that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the case marked to show that the cause of action still survived. The court observed that the petitioner appeared to have lost interest or that the petition 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 remains. The decision was delivered by Hon'ble Mrs. Manju Rani Chauhan, J. on 15 September 2026.

Issues considered

  • Whether a writ petition pending for several years and unmarked for survival of cause of action can be dismissed as infructuous

Subjects

  • infructuous
  • writ petition
  • non-appearance
  • court procedure
  • case management

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 47181 of 2014

                                    Smt. Shashi
                                                                                                  .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 7 Ors
                                                                                              .....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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