Allahabad High Court
DIAM KUMAR PREMIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
A writ petition is dismissible as infructuous when the petitioner fails to appear and does not indicate that the cause of action persists.
Summary
The petitioner, Diam Kumar Premi, filed a writ petition in 2021 before the Allahabad High Court. The court issued a notice directing that old cases up to 2022 be heard promptly and warned 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 existed. Observing that the petition had been pending since 2021 and that the petitioner seemed to have lost interest, the court dismissed the writ petition as infructuous, while allowing the petitioner to file a recall or restoration application if a cause of action still survives.
Issues considered
- Whether a writ petition may be dismissed as infructuous due to non‑appearance of counsel and lack of indication that the cause of action survives
Subjects
- infructuous
- writ petition
- non-appearance
- cause of action
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5863 of 2021
Diam Kumar Premi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar, Bindoo Devi, Lalit
Singh Tomar
Counsel for Respondent(s) : C.S.C., Deo Dayal
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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