Allahabad High Court
UMADATT SHARMAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The writ petition is dismissed as infructuous due to non‑appearance and lack of indication that a cause of action survives.
Summary
The petitioner, Umadatt Sharma, filed a writ petition (Writ‑A No. 5906 of 2021) in the Allahabad High Court. The matter remained pending since 2021 and was listed under the oldest pending cases for a priority hearing. A notice on the court board warned that old cases up to 2022 would be dismissed as infructuous if the parties did not appear or indicate that a cause of action still existed. Neither the petitioner’s counsel appeared nor was the case marked to show a surviving cause of action. Consequently, the Court held that the petition had become infructuous and dismissed it, while allowing the petitioner the liberty to file a recall or restoration application if a cause of action still subsists.
Issues considered
- Whether a writ petition pending for an extended period and unattended by the petitioner can be dismissed as infructuous.
Subjects
- writ petition
- infructuous
- non‑appearance
- procedural dismissal
- old pending cases
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5906 of 2021
Umadatt Sharma
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arpan Srivastava, Pratik Srivastava, Sr.
Advocate
Counsel for Respondent(s) : C.S.C., Hari Narayan Singh, Sudhanshu
Pandey, Yogendra Singh Bohra
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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