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Allahabad High Court

C/M DUNKA JUNIOR HIGH SCHOOLversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

A petition that has become infructuous because of the efflux of time must be dismissed.

Summary

The petitioners, C/M Dunka Junior High School, filed a writ petition (Writ‑A No. 60327 of 2015) against the State of Uttar Pradesh and two other respondents. The petition was filed after a considerable lapse of time. The petitioner’s counsel argued that the delay rendered the petition infructuous. The Court examined whether the petition could be entertained despite the delay. Relying on the principle that a petition which has become moot due to the efflux of time cannot be entertained, the Court held the petition to be infructuous. Consequently, the petition was dismissed.

Issues considered

  • Whether a writ petition that has become moot due to the passage of time can be entertained by the Court

Subjects

  • writ petition
  • delay
  • limitation
  • infructuous
  • petition dismissed
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - A No. - 60327 of 2015

                                    C/M Dunka Junior High School
                                                                                                .....Petitioner(s)
                                                                         Versus

                                    State of U.P. and 2 others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)         : Shruti Malviya
                                    Counsel for Respondent(s)         : C.S.C.,   Pranesh   Dutt       Tripathi,
                                                                        R.C.Singh, Ram Chandra

                                    Chief Justice's Court
                                                       HON'BLE ARUN BHANSALI, CHIEF JUSTICE
                                                       HON'BLE KSHITIJ SHAILENDRA, J.

                                    1. Counsel for the petitioner submits that on account of efflux of time, the
                                    petition has been rendered infructuous.

                                    2. In view of the submissions made, the petition is dismissed as having
                                    become infructuous.



                                                                   (Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
                                    May 5, 2026
                                    Mukesh Pal/Sazia




Digitally signed by :-
MUKESH PAL
High Court of Judicature at Allahabad


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