Allahabad High Court
DEEPAK KUMAR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition may be dismissed as infructuous when the petitioner fails to appear and does not indicate that a cause of action survives.
Summary
The writ petition filed by Deepak Kumar and another in 2017 remained pending for several years. The court issued a notice directing that old cases up to 2022 be heard and that non‑appearance could lead to dismissal as infructuous. Neither petitioner’s counsel appeared nor was the case marked to show that a cause of action survived. The court inferred that the petitioners had lost interest or the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous, with liberty to file a recall or restoration application if any cause of action still exists.
Issues considered
- Whether a writ petition pending for several years and unattended by the petitioner can be dismissed as infructuous?
Subjects
- writ petition
- infructuous dismissal
- non‑appearance
- pending case
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 57724 of 2017
Deepak Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashwani Kumar Yadav
Counsel for Respondent(s) : Bhola Nath Yadav, C.S.C.
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 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(s) has appeared nor has the case been
marked to indicate that the cause of action still survives.
This matter is pending since the year 2017. 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.)
May 5, 2026
Jitendra/-
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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