Allahabad High Court
SHIV POOJAN MISHRAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous.
Summary
The petitioner filed a writ petition in the Allahabad High Court in 2021. The court issued a notice directing that old cases up to 2022 be heard and warned that non‑appearance could lead to dismissal as infructuous. Neither the petitioner’s counsel appeared nor was the petition marked to show that the cause of action still existed. The court observed that the matter had been pending since 2021 and inferred that the petitioner had lost interest or the petition had become infructuous. Consequently, the writ petition was dismissed as infructuous. The court, however, allowed the petitioner to file a recall or restoration application if a cause of action still survives.
Issues considered
- Whether the writ petition should be dismissed as infructuous due to the petitioner’s non‑appearance and lack of indication that the cause of action survives
Subjects
- writ petition
- infructuous
- non-appearance
- cause of action
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5774 of 2021
Shiv Poojan Mishra
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashwani Kumar Pathak
Counsel for Respondent(s) : Ashish Kumar (Nagvanshi), Arun
Kumar, C.S.C.
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 2021. 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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