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Allahabad High Court

ANIRUDH KUMAR MISHRAversusSTATE OF U P AND 4 OTHERS

Decided

Holding

The writ petition is dismissed as infructuous.

Summary

The petitioner filed Writ‑A No. 562 of 2022 before the Allahabad High Court seeking relief against the State of U.P. and four others. The matter remained pending since 2022 and was listed under the oldest pending cases for a priority hearing. A notice on the court board directed that old cases be taken up and, if the parties failed to appear or indicate that the cause of action survived, the petition would be dismissed as infructuous. Neither the petitioner’s counsel appeared nor was any indication given that the cause of action still existed. Consequently, the Court held the petition to be infructuous and dismissed it, while allowing the petitioner to file a recall or restoration application if a viable cause of action remains.

Issues considered

  • What is the appropriate disposition of a writ petition that remains pending for an extended period without the petitioner’s appearance or any indication that the cause of action survives?

Subjects

  • writ petition
  • infructuous
  • non‑appearance
  • cause of action
  • procedural law
  • high court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                             WRIT - A No. - 562 of 2022

                                    Anirudh Kumar Mishra
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    State Of U P And 4 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)         : Gaurav Singh, Siddharth Khare, Sr.
                                                                        Advocate
                                    Counsel for Respondent(s)         : C.S.C., Nisheeth Yadav, Sanjay Kumar

                                    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 2022. 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


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